(Credit: BillionPhotos.com / AdobeStock) Vacated on Appeal: Ruling Clarifies Standard of Review
"'Competent substantial evidence' is a deferential [standard] that does not permit the commissioner to reweigh the evidence, judge the credibility of witnesses, or substitute his judgment on factual issues for that of the hearing officer based on the commissioner's expertise," read the Supreme Court of Georgia opinion.
February 21, 2024 at 11:37 AM
7 minute read
What You Need to Know
- Georgia Supreme Court vacate and remand Georgia Court of Appeals ruling in dispute over hospital's granted certificate of need for expansion project.
- Justices conclude intermediate appellate court erred in determining the meaning of the phrase 'competent substantial evidence' in OCGA 31-6-44(k)(1).
- 'Deferential' standard does not permit Georgia Department of Community Health commissioner to reweigh evidence, judge witness credibility nor substitute his judgment on factual issues for that of the hearing officer based on the commissioner's expertise, per justices.
The Supreme Court of Georgia has clarified the standard of review that the commissioner of the Georgia Department of Community Health must apply when reviewing a decision of a hearing officer on an application for a certificate of need, or CON, to establish a new health service at a hospital.
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