We granted an application for discretionary appeal by the Georgia Peace Officer Standards and Training Council “the POST Council” to decide whether the Baker County Superior Court erred when it reversed the decision of an administrative law judge “ALJ” upholding the POST Council’s decision to revoke Isaac Anderson’s certification as a peace officer. Because we find that Anderson cannot escape an administrative inquiry into his job performance by invoking his right against self-incrimination, and because the record supports the ALJ’s decision that Anderson’s refusal to cooperate in an investigation provided sufficient grounds for decertification, we reverse the decision of the superior court. OCGA § 50-13-19 h provides that a superior court reviewing the decisions of an administrative agency “shall not substitute its judgment for that of the agency as to the weight of the evidence on questions of fact.” The statute goes on to specify that the superior courtmay reverse or modify the decision if substantial rights of the appellant have been prejudiced because the administrative findings, inferences, conclusions, or decisions are: 1 In violation of constitutional or statutory provisions; 2 In excess of the statutory authority of the agency; 3 Made upon unlawful procedure; 4 Affected by other error of law; 5 Clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record; or 6 Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.Id. “When this Court reviews a superior court’s order in an administrative proceeding, our duty is not to review whether the record supports the superior court’s decision but whether the record supports the final decision of the administrative agency.” Citations and punctuation omitted. Davis v. Brown , 274 Ga. App. 48, 50 1 616 SE2d 826 2005.
The record before the ALJ consisted of the transcript and exhibits from Anderson’s federal trial on charges that Anderson, Tommy Williams, Williams’s parents, and two others conspired to obstruct justice. Evidence at the federal trial showed that on the morning of December 7, 2002, Williams assaulted his ex-wife in Clearwater, Florida. Williams’s ex-wife called 911 on her cell phone shortly after 2:00 a.m., and the 911 tape recorded the assault in progress. Five of Williams’s seven children later identified him as the person who had committed the assault. On the afternoon of December 7, Williams’s parents approached Anderson, who was the sheriff of Baker County at the time, and bribed him to prepare an accident report to the effect that at 1:30 a.m. that morning, Williams was driving a car on Highway 253 when he hit a deer.1 Anderson cooperated with investigating authorities at first, but later refused to answer questions or to take investigators to the scene of the alleged accident. Anderson testified that he stopped cooperating because he believed that he was also under investigation and because he felt he needed the advice of counsel. The jury acquitted Anderson of conspiracy and another charge.
