Gustafson v. Board of Accountancy

Under ORS 183.650, the Board of Accountancy has the authority to modify an ALJ’s proposed order if those modifications are adequately explained.

Gustafson sought judicial review of a final order by the Oregon Board of Accountancy (Board) which suspended his Certified Public Accountant license for two years, and imposed a civil penalty of $5,000 plus the costs of the contested case. Gustafson admitted to violating the standards of professional conduct, but argued that procedural irregularities impaired the fairness of the proceedings in the contested case, requiring remand of the final order. Gustafson argued that the Board failed to provide him with previous disciplinary orders which the Board relied upon to impose sanctions, or alternatively, that the Board’s final order was an abuse of discretion. Gustafson argued that reliance on unpublished prior orders was not a basis for rejecting the ALJ’s proposed order. The Court found that, considering the discovery performed by the parties, Gustafson was unable to show how the Board failed to comply with any procedural statute or rule which might harm the fairness of the proceeding. Similarly, Gustafson was unable to show the Board abused its discretion. Affirmed.