Minute Entry - FYI Advisement to Parties

23F-21066-21278-DEN · Board of Dental Examiners · 2024-02-14

IN THE OFFICE OF ADMINISTRATIVE HEARINGS

In the Matter of

Thomas A. Endicott, DDS

Holder of License No. D008629

For the Practice of Dentistry

In the State of Arizona

Respondent.

No. 23F-21066-21278-DEN

Minute Entry

The undersigned Administrative Law Judge, having reviewed the document Motion to Reconsider and to Allow Recording of Remote Hearing as filed by Counsel on behalf of non-party KNXV-TV (“ABC 15”) January 17, 2024, makes the following minute entry:

ABC 15’s motion is denied. To maintain control and prevent the unintentional dissemination of confidential records as the parties toggle back and forth between public and confidential hearing record, the Tribunal declines to grant any person permission to record audio and/or video of these proceedings. The Arizona State Board of Dental Examiners (“Board”) has submitted proposed hearing exhibits 1-18 to the Tribunal, marking 2, 4-5, 8, 13, 15-16, and 18 as confidential, for intended use in the above-captioned matter. As such, during the course of proceedings all non-party participants shall be excused once a party motions to open a confidential hearing record to discuss any portion of one or more aforementioned confidential exhibits, and the public record will be closed. Participants and observers may reenter and/or be readmitted once the public hearing record is reopened, after the confidential hearing record has been closed. At the conclusion of this hearing any person and/or entity, including ABC 15, may submit a Public Records Request to the Office of Administrative Hearings to request a copy of the public hearing record regarding this matter.

Done this day, February 14, 2024.

Office of Administrative Hearings

/s/ Jenna Clark

Administrative Law Judge

Transmitted by either mail, e-mail, or facsimile to:

Ryan Edmonson, Executive Director

Board of Dental Examiners

[email redacted]

Seamus Monaghan, Esq., Assistant Attorney General

Office of the Attorney General

Licensing and Enforcement Section

[email redacted]

Thomas A. Endicott, DDS, Respondent

[email redacted]

Anne Ryman, Reporter

ABC 15 Arizona (KNXV-TV)

[email redacted]

Matthew E. Kelley, Esq.

Ballard Spahr LLP, Counsel for ABC 15 Arizona

[email redacted]

By: OAH Staff