Hynes v. Dept. of Health - Cmwlth. Court – September 17, 2020 – unreported memorandum decision**
Held: Ever though applicant for EMT certificate admittedly failed to disclose a 20+ year-old convictions on his application, it was error for the Department of Health to deny his application and revoke his certification, because:
- “there is no material relevance between the convictions and his present ability to perform EMT duties
- Age of convictions – “Importantly, the conduct in question occurred 25 years ago”
- In spite of applicant’s conduct, the Dept. had discretion about the mature of the disciplinary action against applicant
- The Department “committed a manifestly unreasonable exercise of judgment” in revoking EMT certification, given applicant’s mitigating evidence
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**An unreported, non-precedential Commonwealth Court case can be cited for its persuasive value but is not binding precedent. See 210 Pa. Code § 69.414(b) and Pa. R.A.P. 3716
