18-316 Adminustrative and Judicial Review Flashcards
What actions may a psychologist take to appeal a Board decision?
A psychologist may not appeal to the Secretary or to the Board of Review, but may take a direct judicial appeal. The appeal shall be made as provided for judicial review of final decisions in the Administrative Procedure Act. If an appeal court reversed the Board’s decision then the Board’s action is voided.
Can a psychologist appeal a Board decision? What is the procedure?
Yes, any person aggrieved by a final decision of the Board in a contested case, as defined by the Administrative Procedure Act, may appeal the decision to the Board of Review and then take any further appeal allowed by the Administrative Procedure Act.
Will a decision of the Board be stayed pending judicial review? Why is this true?
No, a decision of the Board to deny a license, enforce suspension of a license for more than 1 year, or to revoke a license, may not be stayed pending judicial review.
This may seem unfair, but if after a full investigation and hearing both sides presenting evidence with legal representation the Board finds a psychologist in violation if Title 18, then it is in the public’s best interest to uphold any decision of the Board.
