Ritland v. Arizona State Board of Medical Examiners

OPINION

KESSLER, Judge.

¶ 1 In this appeal we address whether an administrative agency is required to adopt an administrative law judge’s (“ALJ”) findings on witness credibility when the Board renders its final agency decision. We hold that an agency is not bound by an ALJ’s credibility findings and may reject them, provided the agency reviews the record and provides factual support for declining to adopt the ALJ’s credibility findings.

FACTUAL AND PROCEDURAL HISTORY

¶ 2 Defendantr-Appellee Arizona State Board of Medical Examiners1 (“the Board”) initiated an investigation of Plaintiff-Appellant…