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Farrar v. Georgia Bd. of Examiners of Psychologists

Case involving disciplinary sanctions ordered by the State Board of Examiners of Psychologists remanded, since it was unclear whether the trial court had a complete record of the evidence before it when it ruled.

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Psychologist John E. Farrar petitioned the Bibb Superior Court for judicial review of a disciplinary decision entered by the State Board of Examiners of Psychologists “the Board”. The superior court affirmed the Board’s decision. We granted Farrar’s application for discretionary appeal, and this appeal ensued. The record shows that the Board filed a disciplinary petition against Farrar, which proceeded to an evidentiary hearing before an administrative law judge “ALJ”. Following that hearing, the ALJ prepared an initial decision with findings of fact, conclusions of law, and a recommendation that Farrar be placed on probation for six months. Dissatisfied with the ALJ’s findings, the Board elected to review the decision. The Board held another hearing, after which it entered a final decision increasing the disciplinary sanctions imposed on Farrar.

Farrar appealed that final administrative ruling to the superior court pursuant to OCGA § 50-13-19. Among the numerous grounds raised in his petition, Farrar challenged the sufficiency of the evidence supporting the Board’s decision.1 The trial court found the evidence sufficient and, after rejecting Farrar’s other claims, affirmed the decision.

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