An Ogden dentist who pleaded guilty to child sexual abuse is battling Utah Attorney General Jan Graham's efforts to halt his dental practice.
Gregg Terry Nielsen, who pleaded guilty earlier this year to molesting two girls in his neighborhood, was sentenced to a year in jail but was allowed to continue working.The Utah Division of Occupational and Professional Licensing attempted to revoke Nielsen's license after he was sentenced. But the Dentists and Dental Hygienists Board instead placed his license on probation.
During the hearing, the licensing division was represented by Assistant Utah Attorney General Robert Steed.
After the board allowed Nielsen to keep his license, Graham appealed the to the director of the Utah Department of Commerce.
Nielsen, through his attorney John T. Nielsen, who is not related, contends Graham's office cannot represent the licensing agency, then challenge its decision.
"The attorney general's office seeks a second bite of the apple and is essentially suing, through the appellate process, one of the very entities her office has actively represented," John Nielsen argued in a letter to the Utah State Bar.
Nielsen asked the Bar for a formal opinion on whether Graham's action was proper. He also asked Constance White, director of the Utah Department of Commerce, to stay the case pending the Bar's opinion.
White refused, saying, "The authoritative pronouncement on the scope of the attorney general's powers would seem to lie with the courts," but did grant Nielsen additional time to file a response.