By Gina Tabonares
Variety News Staff

THE Superior Court upheld the sanctions imposed by the Guam Board of Dental Examiners on a dentist for unprofessional conduct.
Dr. Hugh Sule was disciplined by the board by suspending his license and ordered him to pay an administrative fine of $1,000 for violation with public reprimand.
The board lifted the suspension on the condition that Sule pass a jurisprudence exam and pay the board’s attorneys’ fees and costs.
On Sept. 3, 2002, Sule filed a petition for writ of administrative mandate against the board.
The court, however, denied the petition, having found no abuse of discretion on the part of the board. Sule asked the court for reconsideration.
Sule contended that the ex-parte communication of the board’s attorney, Cesar Cabot, resulted in a violation of his due process rights and the court did not decide whether the board has the authority to impose the condition of payment of its attorneys’ fees as a form of discipline against the dentist.
A hearing for the motion for reconsideration was held on July 6, 2006, where the board argued that copies of Cabot’s invoices did not constitute “new evidence” that would require the court to reconsider its decision.
However, Judge Katherine Maraman, in her decision and order, said Sule failed to submit the invoices in support of his petition for reconsideration.
On the issue of denying the dentist a due process, the court finds that such communication was not ex parte communication that resulted in “manifest injustice” to Sule. Judge Maraman ruled that the invoices had merits in the pending case.
The court also decided that the board has the authority to “take such other disciplinary action as the board, in its discretion, finds proper.”
Judge Maraman added that the court finds no other grounds to revisit the earlier decision as the petitioner failed to satisfy or justify reconsideration of his motion.