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Board of Dental Examiners v. King

Supreme Court of Alabama
Jul 21, 1978
364 So. 2d 318 (Ala. 1978)

Summary

allowing extraneous evidence to demonstrate arbitrariness on part of state agency despite silence of statute authorizing review of agency's decision

Summary of this case from Minesaha, Inc. v. Town of Webb

Opinion

77-209.

July 21, 1978.

Robert L. Hodges of Ford, Caldwell, Ford Payne, Huntsville, for petitioner.

Charles M. Crook, Montgomery, for respondents.


We granted certiorari in this cause because we have not heretofore expressed an opinion on the scope of review in the circuit court under § 34-9-25, Code 1975, formerly Title 46, § 120 (30). We cannot agree with the Court of Civil Appeals, 364 So.2d 311, that the circuit court is limited to matters documented in the transcript of the proceedings held before the State Board of Dental Examiners.

We agree that the statute does not permit a de novo hearing in the circuit court. However, a dentist disciplined by the Board has a clear right to show by the evidence that the Board's action denied him due process. All boards, as well as courts, must observe that fundamental right. See Katz v. Alabama State Board of Medical Examiners, 351 So.2d 890 (Ala. 1977). And this may be shown by evidence not included in the transcript of the proceedings before the Board. We cannot agree with the Court of Civil Appeals in holding that the statute precludes the introduction of independent or extraneous evidence in the circuit court to establish a claim that the Board acted unlawfully or arbitrarily or in such a manner as to deny Dr. King due process.

We, therefore, reverse and remand to the Court of Civil Appeals to determine whether the trial court erred in holding that the Board acted unlawfully or arbitrarily as shown by the evidence or in such a manner as to deny due process and, in making this determination, the Court of Civil Appeals is not limited to the proceedings before the Board.

REVERSED AND REMANDED.

BLOODWORTH, MADDOX, FAULKNER, JONES, ALMON, EMBRY and BEATTY, JJ., concur.

TORBERT, C.J., concurs specially.


Section 34-9-25, Code 1975, formerly Title 46, § 120 (30), provides for determination by the circuit court as to whether the order of the Board of Dental Examiners is unlawful or arbitrary. Such judicial determination may include a ruling on an allegation that the dentist was not afforded due process of law. However, as stated by the majority, section 34-9-25 does not provide for a de novo hearing in the circuit court.

Since a hearing in an action brought under section 34-9-25 to set aside an order of the Board is not de novo, the scope of review by the circuit court should be a determination as to whether the order is supported by the evidence introduced before the Board as well as other evidence presented to the circuit court. If so, the order should not be disturbed by the trial court. Further, I agree with the majority that, if denial of due process is alleged, the dentist has a clear right to introduce evidence not included in the transcript of the proceedings before the Board which tends to establish his claim.

Because the Court of Civil Appeals did not adopt this interpretation of the scope of review under section 34-9-25, it was unnecessary for that court to determine whether the trial court erred in holding that the Board acted unlawfully or arbitrarily or in such a manner as to deny Dr. King due process. Accordingly, by reversing the Court of Civil Appeals on this issue, it does not necessarily follow that the circumstances of this case mandate affirmance of the trial court decision.


Summaries of

Board of Dental Examiners v. King

Supreme Court of Alabama
Jul 21, 1978
364 So. 2d 318 (Ala. 1978)

allowing extraneous evidence to demonstrate arbitrariness on part of state agency despite silence of statute authorizing review of agency's decision

Summary of this case from Minesaha, Inc. v. Town of Webb

allowing extraneous evidence to demonstrate arbitrariness on part of state agency despite silence of statute authorizing review of agency's decision

Summary of this case from Phillips v. City of Citronelle

In Board of Dental Examiners v. King, Ala., 364 So.2d 318 (1978), our supreme court, through Justice Shores, construed § 34-9-25, Code of Ala. 1975, which allows a party aggrieved by certain orders of the Board of Dental Examiners of Alabama to "bring an action" in circuit court to "set aside said order on the ground that the same is unlawful or arbitrary."

Summary of this case from Carter v. J.P. King Sons, Inc.
Case details for

Board of Dental Examiners v. King

Case Details

Full title:In re BOARD OF DENTAL EXAMINERS et al. v. Grady S. KING. Ex parte Grady S…

Court:Supreme Court of Alabama

Date published: Jul 21, 1978

Citations

364 So. 2d 318 (Ala. 1978)

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