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 procedure is without merit. The fact that the commission inquired into the absence of certain documentation of the appellant's testimony does not indicate that it refused to consider the testimony itself as evidence.
Judgment affirmed.
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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 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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