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Greene v. Department of Community Health

Commissioner of Ins. v. Stryker, 218 Ga. App. 716 1995, applies to a superior court's review of an agency's decision, not an agency's review of an ALJ's recommendation.

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In this discretionary appeal, Anthony Greene appeals an order of the Superior Court of Fulton County affirming a final administrative decision by the Georgia Department of Community Health that terminated his medical assistance under a Medicaid waiver program available to qualifying children. Greene contends that the Department erred in its Final Administrative Decision, Findings of Fact and Conclusions of Law, in holding in paragraph two that “Furthermore, in cases under the Administrative Procedures Act, the findings of fact of the ALJ must be upheld unless they are not supported by ‘any evidence.’ Commr. of Ins. v. Stryker , 218 Ga. App. 716 1995.” Greene further contends that the superior court erred in affirming this holding. Because Stryker is a judicial standard of review, to be applied by a superior court reviewing a final agency determination, it has no application to an internal agency appeal. We therefore vacate the superior court’s holding, and remand this case for review by the Department under a proper standard of review pursuant to OCGA § 49-4-153 b 1.

It is error for the superior court to affirm the final determination of the Department based upon the use of an inapplicable standard of review by the Department as it did in the instant case.

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