IN THE MATTER OF THE PETITION TO RESTORE THE LICENSE OF KENNETH ZAHL, M.D., LICENSE NO. MA56413 TO PRACTICE MEDICINE AND SURGERY IN THE STATE OF NEW JERSEY (STATE BOARD OF MEDICAL EXAMINERS) ( 2018 )

NOT FOR PUBLICATION WITHOUT THE
APPROVAL OF THE APPELLATE DIVISION
This opinion shall not "constitute precedent or be binding upon any court."
Although it is posted on the internet, this opinion is binding only on the
parties in the case and its use in other cases is limited. R. 1:36-3.
SUPERIOR COURT OF NEW JERSEY
APPELLATE DIVISION
DOCKET NO. A-2607-15T1
IN THE MATTER OF THE PETITION
TO RESTORE THE LICENSE OF
KENNETH ZAHL, M.D.
LICENSE NO. MA56413
TO PRACTICE MEDICINE AND SURGERY
IN THE STATE OF NEW JERSEY
____________________________
Argued February 6, 2018 – Decided June 19, 2018
Before Judges Fasciale and Sumners.
On appeal from the State Board of Medical
Examiners.
Kenneth Zahl, appellant, argued the cause pro
se.
David M. Puteska, Deputy Attorney General,
argued the cause for respondent State Board
of Medical Examiners (Gurbir S. Grewal,
Attorney General, attorney; Andrea M.
Silkowitz, Assistant Attorney General, of
counsel; David M. Puteska and Jillian
Sauchelli, Deputy Attorneys General, on the
brief).
PER CURIAM
Kenneth Zahl, M.D., appeals from a December 7, 2015 final
order of the State Board of Medical Examiners (Board), denying his
request to vacate prior Board orders in 2003 and 2009 revoking his
license to practice medicine. We affirm.
The Board's order sets forth the relevant factual background
that need not be repeated here. A brief summary is sufficient.
This matter is a continuum of the exhaustive litigation involving
Zhal's medical license dating back to 1999, when the Attorney
General filed a complaint with the Board to revoke his license.
In an April 3, 2002 decision, the Board adopted the decision
of the Administrative Law Judge to revoke Zahl's license to
practice medicine due to a pattern of dishonest billing practices.
In re Suspension or Revocation of the License Issued to Kenneth
Zahl, M.D., A-4177-02, slip op. at 7-8 (June 9, 2005). After we
reversed the Board's decision, our Supreme Court reversed and
upheld the Board's revocation of Zahl's license. In re Suspension
or Revocation of the License Issued to Kenneth Zahl, M.D., 186
N.J. 341, 344 (2006) (Zahl I). Prior to the Court's decision,
Zahl had obtained a stay of the Board's revocation of his license.
Concerns over Zahl's conduct persisted, which resulted in a second
proceeding before the Board to revoke his license because he
continued to engage in dishonest billing practices and failed to
comply with a billing monitoring practice imposed by the Board
during the stay. Consequently, on March 11, 2009, the Board
revoked his license for a second time, which we affirmed in In re
2 A-2607-15T1
Suspension Or Revocation of the License Issued To: Kenneth Zahl,
A-4109-08 (App. Div. July 30, 2010) (Zahl II).
Over six years later, seeking to resume his practice, Zahl
petitioned the Board to vacate the prior licensure revocation
orders affirmed in Zahl I and Zahl II. The Board denied his
petition without oral argument, and issued a written decision
reasoning that under res judicata his challenge to those orders
cannot be relitigated as they had been previously rejected in Zahl
I and Zahl II and that he failed to raise any new substantial
issues, and that his time to appeal those orders had expired long
ago. The Board nonetheless indicated Zahl still had the right to
apply for reinstatement of his license. N.J.S.A. 45:1-7.1(d).
Before us, Zahl reiterates the arguments the Board rejected.
Based upon our review of the record and applicable law, his
arguments are without sufficient merit to warrant discussion in a
written opinion, R. 2:11-3(e)(1)(E), and we affirm substantially
for the reasons set forth by the Board in its well-reasoned
decision.
Affirmed.
3 A-2607-15T1