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King v. Board of Dental Examiners of Alabama
Citations: 659 So. 2d 628; 1995 Ala. Civ. App. LEXIS 5; 1995 WL 2964Docket: AV93000477
Court: Court of Civil Appeals of Alabama; January 5, 1995; Alabama; State Appellate Court
The Board of Dental Examiners of Alabama revoked Grady S. King's dental license after an administrative hearing. King subsequently sought judicial review in the Circuit Court of Madison County. The trial court denied his request to submit additional evidence and upheld the Board's decision. King appealed, primarily arguing that the trial court erred by not allowing him to present extrinsic evidence to support his claims that the Board acted unlawfully, arbitrarily, and denied him due process. Under Ala.Code 1975. 34-9-18, a dentist may seek judicial review of the Board's orders and is entitled to present evidence not included in the administrative record to challenge the legality or arbitrariness of the Board’s actions. The court found that the trial court incorrectly prohibited King from introducing such evidence regarding the arbitrary nature of the Board's order. As a result, the appellate court reversed the trial court's judgment and remanded the case, instructing the trial court to permit King to present evidence on his claims. The decision was concurred by Judges Robertson and Yates.