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 

NOT FOR PUBLICATION WITHOUT THE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.
2 A-2607-15T1

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 
3 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.