DESPITE a health board’s decision to revoke his veterinary license, Dr. Joel Joseph has no plans of abiding by the decision until a court order is issued.

The Guam Board of Allied Health Examiners (GBAHE) on Friday, April 27 issued a preliminary record of decision, ordering the immediate suspension of Joseph from the practice of medicine for a period of five years.

The decision ordered Joseph to surrender his license to the GBAHE office by 3 p.m. on the same date. He was given a 72-hour mandate to return all animals and their medical records under the custody of his clinic, Wise Owl Animal Hospital, to their owners or other licensed veterinarians and to inform the board when he has done so.

Additionally, he was ordered to remove the “Wise Owl Animal Hospital” sign from its premises within 24 hours of the preliminary record of decision.

However, Joseph sees no point in complying with the orders until an official order is legally issued by the Superior Court.

“It’s an issue from the Attorney General’s Office,” he stated. “There is neither a procedural or substantive basis of such document ... (it) has no legal effect.”

No legality

Joseph explained the preliminary record of decision was put together by GBAHE and released by the AG’s Office, which he believes has no legality unless ordered by a court judge.

“Why would the AG release this type of stuff ... and nothing’s been done?” Joseph stated, recounting the many charges the board, along with its counsel Assistant Attorney Ben Abrams, has made against him.

“The AG just can’t order things – the judge has to do it,” Joseph said. “They have not been able to touch me legally. They’ve been trying. This is the fifth time they’ve taken me through this, and every time they’ve done this, the Superior Court of Guam has ruled that they have violated the laws of Guam and violated my civil rights and the open government law ... and they gave me an unfair trial.”

Joseph added the subpoenas and deposition requests made by the AG’s Office were “ruled by the Superior Court as null, void, and incomprehensible.”

Charges

A press release from the AG’s Office on Tuesday detailed charges against Joseph, which led to the orders set forth by the GBAHE. The charges include obstruction of legitimate GBAHE functions; violations of Guam law; reprehensible public conduct and public verbal assaults; incompetence and negligence in treatment of animals; fraud, deceit and misrepresentation; and fee splitting.

“Joseph was present when the board deliberated and announced its findings as indicated in the written preliminary record of decision,” the release stated. “A detailed written final decision containing findings of facts and conclusion of law will be issued by the GBAHE on or around May 21, 2012 and if necessary, can be enforced in the Superior Court.”

Meanwhile, Joseph still contends that the health board and the AG’s office have their personal vendetta against him, as they have been at odds since 2006.

“It is a crime when the AG’s Office knowingly violates the rights of the people of Guam and covers it up,” Joseph exclaimed. “I thought we elected the AG to get the politics out, so that the AG could protect us from GovGuam corruption – instead of being part of it. Where is the AG to protect the people of Guam? I’m being blamed for all their problems.”