Flowers v. Georgia Real Estate Commission, 53036
| Decision Date | 05 January 1977 |
| Docket Number | No. 53036,No. 3,53036,3 |
| Citation | 141 Ga.App. 105,232 S.E.2d 586 |
| Parties | J. A. FLOWERS v. GEORGIA REAL ESTATE COMMISSION |
| Court | Georgia Court of Appeals |
Carl J. Wilson, Jr., Macon, for appellant.
Arthur K. Bolton, Atty. Gen., Michael J. Bowers, Asst. Atty. Gen., J. Michael Walls, Staff Asst. Atty. Gen., Atlanta, for appellee.
The Georgia Real Estate Commission (hereinafter, 'commission'), after an evidentiary hearing, adjudged the appellant guilty of violating three provisions of Code § 84-1421 and revoked his real estate associate broker license. Appeal of the decision was made to the Bibb County Superior Court, and from that court's affirmance of the Commission's decision this appeal was filed. The appellant contends that the superior court erred in affirming the commission's findings because they were clearly erroneous in view of the evidence and were made upon unlawful procedure. Held:
1. The commission's findings are judicially reviewable if they are '(c)learly erroneous in view of the reliable, probative, and substantial evidence on the whole record'. Ga.L. 1964, pp. 338, 356 (Code Ann. § 3A-120(h-5)). This language has been interpreted to preclude review if 'any evidence' on the record substantiates the administrative agency's findings of fact and conclusions of law. Georgia Department of Human Resources v. Holland, 133 Ga.App. 616, 211 S.E.2d 635. We find ample evidence in the record to support the commission's decision.
2. Appellant's contention that the decision was made upon unlawful...
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...to hear constitutional questions. The two Georgia Court of Appeals cases cited by the court in Age Int'l, Flowers v. Georgia Real Estate Comm'n, 141 Ga.App. 105, 232 S.E.2d 586 (1977), and Dep't of Public Safety v. Foreman, 130 Ga.App. 71, 202 S.E.2d 196 (1973), neither of which are tax cas......
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...and decide, rather than a de novo review of the constitutionality of the underlying statute. Compare, Flowers v. Georgia Real Estate Commission, 141 Ga. App. 105, 232 S.E.2d 586 (1977), and Department of Public Safety v. Foreman, 130 Ga. App. 71, 202 S.E.2d 196 (1973), with Flint River Mill......
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Professional Standards Com'n v. Alberson, No. A05A0163.
...and conclusions of law. Ga. Dept. of Human Resources v. Holland, 133 Ga.App. 616, 211 S.E.2d 635 [1974]." Flowers v. Ga. Real Estate Comm., 141 Ga.App. 105(1), 232 S.E.2d 586 (1977); see also Emory Univ. v. Levitas, 260 Ga. 894, 898(1), 401 S.E.2d 691 (1991). "The presence of conflicting ev......
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Emory University v. Levitas
...and conclusions of law. Ga. Dept. of Human Resources v. Holland, 133 Ga.App. 616 (211 SE2d 635) [1974]." Flowers v. Ga. Real Estate Comm., 141 Ga.App. 105(1) (232 SE2d 586) (1977). The superior court judge cannot substitute his judgment for that of the department as to the weight of the evi......