The state Department of Commerce has denied a Layton dentist's request to reconsider the revocation of his license.
In an order issued Monday, department executive director David Buhler said the request itself violates a stipulation the state entered into with Dr. Norman C. Barber.The state has ordered Barber to surrender his licenses to practice dentistry and prescribe controlled substances by Saturday.
Barber had his licenses revoked by state licensing authorities almost two years ago, following his guilty plea to two felony charges of forcible sexual abuse. The charges involved two 15-year-old girls, whom Barber sedated and then abused.
But the state agreed to allow Barber to continue practicing pending his appeal of the licensing order. The stipulation also said that if the state appeals court upholds the order, then the revocation will go into effect and Barber would not petition the state for reconsideration.
But after the Utah Court of Appeals affirmed Barber's revocation last month, he filed a request with the department's Division of Occupational and Professional Licensing to reconsider the revocation.
In the request, Barber said the order should now be modified because he has completed his criminal probation; the felony charges have been reduced to misdemeanors; he has demonstrated his ability to practice dentistry; and the victims have recovered and support modifying Barber's revocation.
But Buhler said Barber has violated his stipulation with the state just by asking the state to reconsider.
Barber hasn't submitted any evidence indicating either the stipulation was improper or invalid for any reason, Buhler wrote.
"Although (Barber) completed probation, had the conviction changed from a felony to a misdemeanor, and enjoys the forgiveness of his victims, these factors do not alter the underlying reasons upon which the division based its revocation," Buhler said.
"When (Barber's) conduct is weighed against the state's interests in this case, it does not appear improper to uphold the revocation."
Barber told the Deseret News that he doubts he will continue fighting the order. But he plans to meet with the state's dental licensing board next month to discuss applying for a new license and taking dental education courses while he is not practicing.