2010AP824 Wetzler v. Division of Hearings and Appeals and Department of Regulation and Licencing

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Administrative Law
Licensing; standing

Robert Wetzler, M.D., is the subject of an investigation by the State of Wisconsin Department of Regulation and Licensing (DRL). Under the terms of a stipulation in a previous disciplinary proceeding conducted by the Wisconsin Medical Examining Board (MEB), Wetzler submitted to an evaluation of his professional competency by the Physician Assessment Service (PAS) at the University of Wisconsin School of Medicine and Public Health. The PAS evaluation resulted in a Final Report prepared by Michael Bowman, M.D. Wetzler now argues that the administrative law judge (ALJ) assigned by the Division of Hearings and Appeals (DHA) erred in denying his request to seal the PAS’s Final Report and in denying his request to close portions of an evidentiary hearing involving the Final Report. Wetzler appeals from a circuit court order upholding the ALJ’s decision. Wetzler also challenges the circuit court’s determination that he lacks standing to enjoin the release of the Final Report because the Final Report does not fall within the limited categories of public records set forth in Wis. Stat. § 19.356 (2007-08)[1] for which a right to seek injunctive relief exists. We reject Wetzler’s challenges. We uphold the ALJ’s decision and affirm both aspects of the circuit court’s order. Not recommended for publication in the official reports.

2010AP824 Wetzler v. Division of Hearings and Appeals and Department of Regulation and Licencing

Dist II, Waukesha County, Hassin, J., Neubauer, P.J.

Attorneys: For Appellant: Leib, Samuel J., Milwaukee; Gaynor, Sean M., Milwaukee; Shewczyk, Nadya E., Milwaukee; Dupee, David C., Milwaukee; For Respondent: Beilin, Lewis W., Madison

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