Hynes v. Dep't of Health, Bureau of Emergency Med. Servs.
| Decision Date | 02 June 2021 |
| Docket Number | No. 1354 C.D. 2019,1354 C.D. 2019 |
| Citation | 258 A.3d 1159 (Table) |
| Parties | Hugh A. HYNES, Petitioner v. DEPARTMENT OF HEALTH, BUREAU OF EMERGENCY MEDICAL SERVICES, Respondent |
| Court | Pennsylvania Commonwealth Court |
Hugh A. Hynes (Hynes) petitions for review of the final agency determination and order of the Pennsylvania Department of Health, Bureau of Emergency Medical Services (Department), dated August 29, 2019, which affirmed the decision of a hearing officer to revoke Hynes’ Emergency Medical Technician (EMT) certification.
(C.R. at 1) (emphasis omitted). The notice also warned of a "formal hearing" to be held in accordance with the provisions of the Administrative Agency Law, 2 Pa.C.S. §§ 501 - 508, and the General Rules of Administrative Practice and Procedure (GRAPP), 1 Pa. Code §§ 31.1 – 35.251, and advised Hynes that he had the opportunity to be heard and represented by counsel. (C.R. at 2.)
The OTSC alleged as follows: The EMS Act applied to Hynes due to the fact that he was a certified EMT in the Commonwealth. Id . On or around November 1, 1994, Hynes became a certified EMT in the State of Maryland. Id . Thereafter, on August 22, 2017, Hynes applied with the Department to be certified as an EMT in the Commonwealth (EMT Application). (C.R. at 4.) On his EMT Application, Hynes indicated that he was never convicted of a crime other than a "summary or similar offense." Id . On January 1, 2018, the Department issued Hynes an EMT certification. Id . Subsequently, Hynes’ employer, the Adams Regional Emergency Medical Service, conducted a review of Hynes’ background, which included a criminal history check. Id . The criminal history check revealed a report from the Pennsylvania Department of Human Services, which indicated that Hynes had a criminal conviction constituting "grounds for denying employment in a childcare position according to the Child Protective Services Law.[2 ]" Id . (citing OTSC Exhibit 3). The criminal history check also revealed a report by the Federal Bureau of Investigation (FBI), which indicated that on March 16, 1995, Hynes pled guilty in the State of New York to two misdemeanor counts of sexual misconduct under section 130.20 of the New York Penal Law.3 Id . On September 11, 2018, Hynes applied for a paramedic certification with the Department and disclosed the misdemeanor convictions. (C.R. at 5, Exhibit 5.)
The OTSC charged Hynes with two counts. Count I alleged under section 8121(a)(2) of the EMS Act, 35 Pa.C.S. § 8121(a)(2), the Department had the power to discipline an EMS provider for the deceptive or fraudulent procurement of a certification issued by the Department. (C.R. at 5.) The Department alleged that, on August 22, 2017, Hynes submitted an application for EMT certification representing that he had never been convicted of a crime other than a summary or similar offense. Id . However, the Department pointed out this was not true because the criminal history check revealed that Hynes was convicted of sexual misconduct in New York. Id . Thus, the Department concluded Hynes "engaged in deception and fraud" in obtaining his EMT certification. Id . Count II alleged that Hynes’ convictions for sexual misconduct constituted a crime involving moral turpitude, as defined by section 8121(a)(14) of the EMS Act, and therefore, he could be subject to discipline for being convicted of such an offense. 35 Pa.C.S. § 8121(a)(14). The Department stated that, if Hynes could not show cause as to why the Department should not revoke his certification, the Department would proceed to revoke his certification. (C.R. at 6.)
(C.R. at 10.) Following this warning, Hynes checked the "No" box in response to the question "Have you ever been convicted of a crime other than a summary or similar offense? " Id . (emphasis in original). Hynes signed the EMT Application certifying that "the information provided in this application is true and complete to the best of [his] knowledge, information[,] and belief." (C.R. at 15) (emphasis in original).
Hynes responded to the OTSC via letter dated October 31, 2018. (C.R. at 49.) In his letter, Hynes stated he did not intend to deceive the Department. Id . Hynes explained he did not report the convictions because many years had passed since he was convicted, he had not needed to discuss his convictions, his convictions had not been brought up in regard to his criminal history, his convictions were a low point in his life, he had moved on from his convictions, and he had since been married. Id . Hynes also discussed his license in Maryland. Hynes explained that, when applying to be an EMT in Maryland in 1994, he had not yet been convicted of sexual misconduct in New York.4 Id . Hynes’ letter appeared to indicate that, due to the Department's recent discovery of his convictions, authorities in Maryland were contacted and began to investigate his criminal history. (C.R. at 49.) Attached to Hynes’ letter to the Department was another letter that he wrote to the Maryland Institute for Emergency Medical Services Systems (MIEMSS). (C.R. at 51.) In the letter to MIEMSS, Hynes explained that he did not report his convictions to relevant authorities in Maryland because he thought he only had to report felonies. Id . Hynes also provided reasons similar to those he provided to the Department as to why he failed to report his convictions. Id . By letter dated September 13, 2018, MIEMSS dismissed its investigation into Hynes’ criminal background. (C.R. at 53.)
By letter dated December 19, 2018, Hynes was informed a hearing would be held on February 25, 2019, at 9:00 a.m. (C.R. at 56.) The hearing convened on that date, and Hynes represented himself pro se . (C.R. at 57.) At the beginning of the hearing, the hearing examiner (Examiner) asked Hynes whether he was aware that the law permitted him to be represented by an attorney, to which Hynes responded yes. (C.R. at 59, Notes of Testimony (N.T.) at 3.) The Examiner asked Hynes if it was his decision to proceed pro se , and Hynes responded yes. Id .
The Department called Paul Hoffman, an EMS program specialist employed by the Department, (C.R. at 61, N.T. at 5), and Dylan Ferguson, the Director of the Bureau of Emergency Medical Services, to testify. (C.R. at 73, N.T. at 17.) The Department's witnesses explained how EMT applications are reviewed internally and how the Department discovered the information which led to the filing of the OTSC against Hynes.
Hynes also testified. Hynes testified that he was not in a good place in life when he committed the actions leading to his convictions. (C.R. at 76, N.T. at 20.) Hynes maintained that his convictions had not been brought up despite working as an EMT in Maryland for 20 years, and he noted that he had his fingerprints run and his background checked numerous times. Id . Hynes explained that he would rather forget his convictions and noted that he has moved on and has not been in trouble with law enforcement since his original convictions. (C.R. at 21, N.T. at 77.) He explained that, following his convictions, he had only been in age-appropriate relationships and had come into contact with minors without any problems. Id . Hynes maintained that his convictions just "slipped [his] mind" because they had not come up in 20 years. Id . Hynes also testified that he accepted responsibility for his actions, but maintained it was an honest mistake. (C.R. at 78, N.T. at 22.) He explained that he never had an incident when treating minors as an EMT. Id . On cross examination, Hynes admitted that he stated on his EMT Application that he was never convicted of a crime other than a summary offense, and his statement was not true. (C.R. at 79, N.T. at 23.) With respect to his failure to disclose his convictions, Hynes explained that he was not trying to "pull the wool over the [Department's] eyes just to get a certification." (C.R. at 78, N.T. at 22.)
The Examiner issued her proposed report on April 11, 2019, which recommended Hynes’ EMT certification be revoked. The Examiner made the following findings of fact: On March 16, 1995, Hynes was convicted by entering a guilty plea to two counts of sexual misconduct in New York state. (Findings of Fact (F.F.) No. 1.) On August 22, 2017, Hynes applied for an EMT certification with the Department. (F.F. No. 2.) Hynes responded "No" to the question on the EMT Application as to whether he had ever been convicted of a crime...
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