H. Ray Evers v. Medical Licensure

INGRAM, Judge On December 17, 1986, the Medical Licensure Commission for the State of Alabama issued an order revoking the
license of Dr. H. Ray Evers to practice medicine in the state. Dr. Evers filed for judicial review, pursuant to the Administrative
Procedures Act as codified in Tit. 41, § 22, et seq., in the Montgomery County Circuit Court. The lower court entered
on May 7, 1987, its order affirming the Licensure Commission. This appeal follows. At the outset, we note that our review of the Licensure Commission is mandated by § 41-22-20(k), Code 1975 (1982
Repl. Vol.). That section requires that, in examining the order of the agency, that order is presumed to be prima facie just
and reasonable. We may not substitute our judgment for that of the agency as to the weight of the evidence or question of
fact, nor could the circuit court substitute its judgment for that of the Commission. State Oil and Gas Board v. Anderson,
510 So. 2d 250 (Ala. Civ. App. 1987). Thus, if supporting evidence is found in the record, we are bound to affirm the order.