Cohen v. State

588 P.2d 299, 121 Ariz. 6, 1978 Ariz. LEXIS 286
CourtArizona Supreme Court
DecidedOctober 31, 1978
Docket13675-PR
StatusPublished
Cited by56 cases

This text of 588 P.2d 299 (Cohen v. State) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Cohen v. State, 588 P.2d 299, 121 Ariz. 6, 1978 Ariz. LEXIS 286 (Ark. 1978).

Opinions

HAYS, Justice.

This case involves the constitutionality of legislation relating to the certification of psychologists practicing in Arizona. For reasons to be discussed, we hold that A.R.S. § 32-2071 and § 32-2072 are invalid because they are unconstitutionally vague and ambiguous.

Appellant Leonard M. Cohen (Cohen) holds a doctorate in social science (D.S.Sc.) awarded in 1948 by the New School of Social Research in New York. He also holds a master’s degree in psychology from the University of Pittsburgh earned in 1945. As directed by A.R.S. § 32-2071, Cohen applied for certification as a psychologist to the Board of Psychologist Examiners (Board). The Board denied his application and on March 1,1974 a hearing was held on the matter. On May 28, 1974 the Board notified Cohen that his application had been denied. Thereafter Cohen commenced suit in the Superior Court of Maricopa County to overturn the decision of the Board.

[8]*8The Superior Court treated the action as one for administrative review in accordance with A.R.S. § 12-901, et seq., and upheld the decision of the Board as being supported by substantial evidence in the record. In a four-part opinion, the Court of Appeals reversed and remanded, 121 Ariz. 20, 588 P.2d 313.

The Court of Appeals held:

(1) that A.R.S. § 32-2071(3) and § 32-2072(A) & (D) were vague and ambiguous so as to create an unconstitutional denial of due process;
(2) that the legislature had lawfully delegated authority to the Board to adopt rules “consistent with and necessary to carry out the provisions” of the chapter. A.R.S. § 32-2063;
(3) that based on the record before them Cohen was entitled to certification;
(4) that Cohen had not timely raised the issue of whether the Board was legally constituted when it acted upon his application.

The Court of Appeals also decided without discussion that Cohen had standing to challenge the constitutionality of statutes while seeking affirmative relief under them. Subsequently, the Court of Appeals modified their order directing the Superior Court to certify Cohen, and instead, remanded the case to the Board for a determination of Cohen’s qualifications for certification as a psychologist. We agree with the Court of Appeals on issues 2 and 4, and adopt their opinion (121 Ariz. 20, 588 P.2d 813, (1977)) in that regard. In all other respects the opinion is vacated.

We accepted review under 17A A.R.S. Supreme Court Rules, rule 47(b), to consider two issues:

1. Are all or some portions of A.R.S. § 32-2071 and § 32-2072 unconstitutional?
2. May the Court of Appeals remand directly to the Board?

Because this statute has been amended recently, all references are to the statute as it existed at the time of Cohen’s initial application.

A.R.S. § 32-2071 sets forth criteria for issuance of a certificate as a psychologist. Specifically, it requires a “doctoral degree based on a program of studies the content of which was primarily psychological, or the substantial equivalent thereof in both subject matter and extent of training . . .” A.R.S. § 32-2071(l)(c). In addition, an applicant must pass “a satisfactory credentials examination in psychological preparation as described in § 32-2072.” A.R.S. § 32-2071(3)

Under A.R.S. § 32-2072(A) the Board must evaluate the adequacy of the applicant’s training and experience. Subsection D, however, provides for waiver of the examination if the applicant meets the requirements of § 32-2071(lXa) & (b),

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Cite This Page — Counsel Stack

Bluebook (online)
588 P.2d 299, 121 Ariz. 6, 1978 Ariz. LEXIS 286, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cohen-v-state-ariz-1978.