SERGIO ARTURO ALVAREZ, M.D.
v.
STATE OF FLORIDA, DEPARTMENT OF HEALTH, BOARD OF MEDICINE
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Dr. Sergio Arturo Alvarez appealed an administrative decision by the Florida Department of Health, Board of Medicine. The Third District Court of Appeal affirmed the Board's decision, holding that administrative agencies' rulings may only be set aside upon finding they lack substantial competent evidence support or contain material procedural errors, incorrect legal interpretations, or abuse of discretion.
The Board's decision was affirmed because it was supported by substantial competent evidence and did not contain material procedural errors, incorrect legal interpretations, or abuse of discretion.
[1] An agency's ruling may be set aside only upon a finding that it is not supported by substantial competent evidence in the record, that there are material errors in proced…
[2] Procedural errors in an administrative proceeding do not warrant reversal if the appellant fails to show that the outcome would have been different without those errors.
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Join FLexlaw to unlock all legal intelligence“The Department's ruling may be set aside only upon a finding that it is not supported by substantial competent evidence in the record or that there are material errors in procedure, incorrect interpretations of law, or an abuse of discretion.”
Establishes the standard of review for administrative agency decisions by the Board of Medicine
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Join FLexlaw to unlock all legal intelligenceDr. Alvarez received a final administrative order from the Board of Medicine regarding DOH Case No. 2019-17732 and related administrative hearing case…
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Ellsworth Law Firm, P.A., and Sean M. Ellsworth, for appellant. Sarah Young Hodges, Chief Appellate Counsel (Tallahassee), for appellee. Before LINDSEY, MILLER and LOBREE, JJ.
PER CURIAM.
Affirmed. See Waters v. Dep’t of Health, Bd. of Med., 962 So. 2d 1011, 1013 (Fla. 3d DCA 2007) (“The Department’s ruling may be set aside only upon a finding that it is not supported by substantial competent evidence in the record or that there are material errors in procedure, incorrect interpretations of law, or an abuse of discretion.”); Galvan v. Dep’t of Health, 285 So. 3d 975, 979 (Fla. 3d DCA 2019); Hale v. State Bd. of Admin., 360 So. 3d 817, 821–22 (Fla. 1st DCA 2023) (applying section 120.68(7)(c), Florida Statutes, and affirming State Board of Administration’s final order despite agency’s failure to follow procedure for modifications of recommended order where appellant “fails to show that the result of the administrative proceeding would have been different without the procedural errors in the final order”); Strickland v. Fla. A & M Univ., 799 So. 2d 276, 279 (Fla. 1st DCA 2001) (explaining that hearsay is admissible in administrative proceedings but may not form sole basis for administrative law judge’s determinations); see also § 120.68(7),(8), Fla. Stat. (2022); § 120.57(1)(c), Fla. Stat. (2022).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Strickland v. Fla. A & M Univ., 799 So. 2d 276 (Fla. 1st DCA 2001)
- Jerome Waters, M.D. v. Dep't of Health, 962 So. 2d 1011 (Fla. 3d DCA 2007)
- Galvan v. Dep't of Health, 285 So. 3d 975 (Fla. 3d DCA 2019)
- Hale v. State Bd. of Admin., 360 So. 3d 817 (Fla. 1st DCA 2023)