People ex rel. Stephens v. Collins
| Decision Date | 28 October 1966 |
| Docket Number | No. 39887,39887 |
| Citation | 221 N.E.2d 254,35 Ill.2d 499 |
| Parties | The PEOPLE ex rel. Edgar T. STEPHENS et al., Appellants, v. Dr. Walter F. COLLINS, Appellee. |
| Court | Illinois Supreme Court |
William G. Clark, Atty. Gen., Springfield , for appellants.
Edgar T. Stephens, relator, filed a complaint with the Department of Registration and Education of the State of Illinois, alleging that Walter F. Collins, a licensed dentist, had violated certain provisions of the Illinois Dental Practice Act. (Ill.Rev.Stat.1957, chap. 91, pars. 56--72.) The complaint was heard by the Board of Dental Examiners which found Collins guilty of multiple violations of the act and recommended to the department that Collins' license to practice dentistry be revoked. Collins' petition for rehearing was denied by the Department, and an order was entered revoking his license. In an administrative review proceeding, the circuit court of Peoria County affirmed the department's order. On appeal the Appellate Court, Third District, reversed and remanded the judgment with directions that the department's order revoking Collins' license be modified to provide that his license be suspended for one year. (67 Ill.App.2d 265, 213 N.E.2d 770.) We granted leave to appeal.
The facts are set out in great detail in the appellate court's opinion and will not be restated here. The Board of Dental Examiners' report included findings that Collins had violated the Dental Practice Act in several specific respects. The Appellate Court held that the evidence clearly supported these findings, and no issue is here raised as to that determination. The sole question raised on this appeal is whether the appellate court erred in its conclusion that the penalty of revocation of license recommended by the board and imposed by the Department of Registration and Education was too harsh.
It is well settled that the courts will not interfere with the discretionary authority vested in administrative bodies unless such authority is exercised in an arbitrary or capricious manner, or the administrative order is against the manifest weight of the evidence. E.g. Dorfman v. Gerber, 29 Ill.2d 191, 193 N.E.2d 770; People ex rel. Woll v. Graber, 394 Ill. 362, 68 N.E.2d 750; Bruce v. Department of Registration and Education, 26 Ill.2d 612, 187 N.E.2d 711; Menning v. Department of Registration and Education, 14 Ill.2d 553, 153 N.E.2d 52; Harrison v. Civil Service Com., 1 Ill.2d 137, 115 N.E.2d 521; Investors Syndicate v. Hughes, 378 Ill. 413, 38 N.E.2d 754.
The Dental Practice Act clearly provides that '(T)he Department of Registration and Education...
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...authority vested in an agency unless such authority vested in an in an arbitrary or capricious manner. (People ex rel. Stephens v. Collins, 35 Ill.2d 499, 221 N.E.2d 254). Deference is given to findings of fact by an agency with specialized expertise and, when there is ground for legitimate......
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