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RESTORE DUE PROCESS IN PROFESSIONAL LICENSING
Update: We are heading to the Virginia Supreme Court on September 2nd.
Scott Roberts
Henrico, VA, United States
Aug 4, 2026 —
Update: We are heading to the Virginia Supreme Court on September 2nd. Supporters — We are taking this fight to the Virginia Supreme Court. The case is set for September 2nd. Below is the framework we are presenting for judicial review. The Board failed to satisfy multiple independent legal requirements. These seven grounds align with how a reviewing court evaluates administrative action: SEVEN INDEPENDENT GROUNDS FOR REVERSAL 1. FAILURE TO PROVE EVERY STATUTORY ELEMENT of the charged violations (clear-and-convincing burden never met on any element). 2. FAILURE TO IDENTIFY A PUBLISHED RULE prohibiting the conduct (Board punished non-enumerated conduct). 3. FAILURE TO SATISFY THE OBJECTIVE “REASONABLE PATIENT” STANDARD (Board substituted subjective bias for its own witnesses’ testimony). 4. FAILURE TO ESTABLISH THE EMERGENCY “SUBSTANTIAL DANGER” THRESHOLD required for summary suspension under § 54.1-2408.1. 5. FAILURE TO RECONCILE CONTRADICTORY EVIDENCE in the administrative record (VAPA whole-record review violated). 6. FAILURE TO MEANINGFULLY CONSIDER CONTEMPORANEOUS MEDICAL RECORDS AND EXPERT EVIDENCE on specialized clinical conduct. 7. FAILURE TO EXPLAIN WHY CONFLICTING OR EXCULPATORY EVIDENCE WAS REJECTED — a recurring fatal flaw in substantial-evidence review under VAPA. CONCLUSION The Board failed to meet a single statutory requirement for any allegation. Every charge is unsupported by substantial evidence, violates due process, and fails the clear-and-convincing burden. The Order is arbitrary, capricious, and unlawful. It must be reversed in full. Thank you for standing with us. We will continue to update you as this moves forward.
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