McRae v. State Med. Bd. of Ohio
2014 Ohio 667
Ohio Ct. App.2014Background
- McRae is an Ohio physician whose medical license was summarily suspended after the Board found she violated R.C. 4731.22(B)(19) due to an alleged mental illness rendering her unable to practice.”,
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Board's order is supported by reliable, probative, substantial evidence | McRae argues the Board relied on flawed or incomplete evidence and improper credibility determinations. | Board contends substantial evidence supports impairment and disability to practice. | Yes, the Board's order is supported. |
| Whether the common pleas court properly evaluated conflicting expert opinions | McRae asserts the court mischaracterized evidence and undervalued her experts. | Board asserts deference to Board-approved expert, with proper credibility determinations. | Yes, court properly deferred to Board’s findings on expert credibility. |
| Whether McRae received due process in the hearing | McRae claims the hearing excluded relevant materials and was biased. | Board argues procedures were constitutionally adequate; evidence supported outcomes. | Yes, no due process violation occurred. |
Key Cases Cited
- Our Place, Inc. v. Ohio Liquor Control Comm., 63 Ohio St.3d 570 (Ohio 1992) (standard for administrative review; reliable, probative, substantial evidence)
- Lies v. Ohio Veterinary Med. Bd., 2 Ohio App.3d 204 (1st Dist. 1981) (credibility assessment in hybrid administrative review)
- Akron v. Ohio Dept. of Ins., 2014-Ohio-96 (10th Dist.) (hybrid review framework; defer to agency findings of credibility)
- Roy v. Ohio State Med. Bd., 80 Ohio App.3d 675 (10th Dist. 1992) (abuse of discretion standard in reviewing agency orders)
- Levine v. State Med. Bd. of Ohio, 2011-Ohio-3653 (10th Dist.) (reliability, probativity, substantiality standard for administrative review)