BODIES UNDER REVIEW — Nature of body — Internal review — Amendment or revocation of decisions

Law360 Canada (August 12, 2024, 11:38 AM EDT) -- Appeal by Muradov against a decision of Appeal Panel (Panel) of Council of College of Naturopathic Doctors of Alberta (College) that quashed sanctions imposed by Hearing Tribunal (Tribunal) for his unprofessional conduct and imposed new harsher sanctions. Muradov was a naturopathic doctor. The Tribunal found that Muradov committed unprofessional conduct and ordered sanctions including a reprimand, $4,000 fine, remedial training, and payment of $15,000 in costs but no suspension. The Complaints Director (Director) appealed, arguing that the sanctions were too lenient and should have included a suspension. The Panel found the Tribunal breached procedural fairness by ordering Muradov to complete annual reviews with a field officer, which neither party had proposed. It quashed the entire sanctions decision and substituted new sanctions including a one-and-a-half months suspension, reduced $1,000 fine, increased costs of around $80,000 and removed the annual reviews. The key issue on appeal was whether the Panel committed a reviewable error in deciding to quash the Tribunal’s Sanction Decision (sanction) for breach of procedural fairness and to vary the sanctions imposed in the manner it did....
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