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King v. Medical Licensure Comm'n of Alabama

Alabama Court of Civil Appeals

September 26, 2014

John Anderson King, D.O., a/k/a Christopher W. Martin, D.O.
v.
Medical Licensure Commission of the State of Alabama

Released for Publication July 22, 2015.

Appeal from Medical Licensure Commission of Alabama. (Case No. 08-001). James E. West, hearing officer, Trial Judge .

For Appellant: James S. Ward, Ward & Wilson, L.L.C., Birmingham.

For Appellee: Wayne P. Turner, Montgomery.

THOMAS, Judge. Thompson, P.J., and Pittman and Donaldson, JJ., concur. Moore, J., concurs in the result, without writing.

OPINION

THOMAS, Judge.

In 2005, the Alabama State Board of Medical Examiners (" the Board" ) filed an administrative complaint against John Anderson King, D.O., a/k/a Christopher W. Martin, D.O. (" King" ). After a hearing before the Medical Licensure Commission of the State of Alabama (" the Commission" ), the Commission entered an order reprimanding King. On January 2, 2008, the Board filed a second complaint against King. On September 18, 2008, the Commission entered an order revoking King's license

Page 677

(" the license" ) to practice osteopathy in Alabama. King appealed that order to this court. This court affirmed, without an opinion, the Commission's order revoking the license on July 2, 2009. See King v. Medical Licensure Comm'n of Alabama (No. 2080044, July 2, 2009), 58 So.3d 856 (Ala.Civ.App. 2009) (table).

In 2010, King filed a request for reinstatement of the license. On December 17, 2010, the Commission held a hearing and entered an order denying King's request. In 2013, King filed a second request for reinstatement of the license. On February 26, 2014, the Commission held a hearing (" the show-cause hearing" ), after which it entered an order denying King's request on March 6, 2014. King filed a notice of appeal with the Commission on April 4, 2014. King filed a notice of appeal to this court on May 5, 2014, and an amended notice of appeal on May 6, 2014.[1]

King seeks our review of whether the Commission failed to comply with the Alabama Administrative Procedure Act (" the AAPA" ), Ala. Code 1975, § 41-22-1 et seq., of whether the evidence presented supports the Commission's decision, and of whether the Commission abused its discretion.[2]

Standard of Review

" Our review of the Commission's order is controlled by ยง 41-22-20(k), Ala. Code 1975. Section 41-22-20(k) states: '[T]he [Commission's] order shall be taken as prima facie just and reasonable and the [reviewing] court shall not substitute its ...

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