Judicial Review of An Administrative Agency's Action Georgia Cases

In Pruitt Corp. v. Ga. Dept. of Community Health, 284 Ga. 158, 161 (3) (664 SE2d 223) (2008), the Supreme Court addressed judicial review of an administrative agency decision under the standards applicable to contested cases reviewable under the APA. Pruitt Corp., 284 Ga. at 159 (1). See also OCGA 50-13-19. Under that Act, a reviewing court may reverse or modify the agency decision where, among other things, the agency decision is "clearly erroneous in view of the reliable, probative, and substantial evidence on the whole record." OCGA 50-13-19 (h) (5). This wording has been interpreted to be the same as the well-known "any evidence" test used in other settings. Id. at 160 (3). See also Emory Univ. v. Levitas, 260 Ga. 894, 898 (1) (401 SE2d 691) (1991), limited on other grounds in Pruitt Corp. But under the CON program governed by OCGA 31-6-40 et seq., a "substantial evidence" standard is applied, and the statute expressly states that the "substantial evidence" standard "shall be in excess of the 'any evidence' standard contained in other statutory provisions." OCGA 31-6-44(m) (5) (1994). See also OCGA 31-6-44.1(a) (5) (2008) (current law is unchanged).