MISS. STATE BD. OF EXM'RS v. Anderson

757 So. 2d 1079
CourtCourt of Appeals of Mississippi
DecidedMay 9, 2000
Docket1998-CC-01903-COA
StatusPublished

This text of 757 So. 2d 1079 (MISS. STATE BD. OF EXM'RS v. Anderson) is published on Counsel Stack Legal Research, covering Court of Appeals of Mississippi primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
MISS. STATE BD. OF EXM'RS v. Anderson, 757 So. 2d 1079 (Mich. Ct. App. 2000).

Opinion

757 So.2d 1079 (2000)

MISSISSIPPI STATE BOARD OF EXAMINERS FOR SOCIAL WORKERS AND MARRIAGE AND FAMILY THERAPISTS, Appellant,
v.
Vanessa ANDERSON, Appellee.
Mississippi State Board of Examiners for Social Workers and Marriage and Family Therapists, Appellant,
v.
Doshua Perkins-Sanders, Dorothy Anthony, Betty B. Caldwell, Catrinna Y. McClain, Cheryl Mickens, Angela M. Holley & Lottie Scales, Appellees.

No. 1998-CC-01903-COA.

Court of Appeals of Mississippi.

May 9, 2000.

*1081 Office of the Attorney General by Steven R. Lawrence, Attorney for Appellant.

Willie James Perkins, Sr., Greenwood, Attorney for Appellee.

EN BANC.

KING, P.J., for the Court:

¶ 1. This is a consolidated appeal of the Circuit Court of the First Judicial District of Hinds County and the Holmes County Circuit Courts's review of a decision rendered by the Board of Examiners for Social Workers and Marriage and Family Therapists (Board of Examiners) concerning licensure of certain applicants for social worker. The decision of the Board of Examiners reviewed by the two circuit courts concerned the invalidation of the test scores on the February 18, 1995 Social Worker Licensure examination by the State Board of Health, the licensing authority at that time. The two circuit courts found that the decision of the Board of Examiners was not supported by substantial evidence, was arbitrary and capricious, and therefore reversed the decision of the Board of Examiners. The Board of Examiners timely perfected this appeal on December 4, 1998. Since the circuit courts both received factually similar briefs and both came to the same conclusion in these identical appeals, pursuant to the request of Board of Examiners, these cases were consolidated for appeal on June 29, 1999. Aggrieved by the circuit courts's reversal, the Board of Examiners argue that: (1) the circuit courts did not properly review the matter that was actually before the Board of Examiners; (2) the circuit courts, in their review of the Board of Examiner's proceeding, held the Board of Examiners to the wrong standards; (3) the circuit courts allowed the appellees to retry the entire matter anew on appeal; (4) the decision of the Board of Examiners was in fact based on substantial evidence, was not arbitrary or capricious and did not violate any of the statutory or constitutional rights of the appellees; and (5) the circuit courts did not have the authority to order the Board of Examiners to issue a license to the Appellees. Finding the circuit courts were correct in holding that the Board of Examiners acted in an arbitrary and capricious manner, we affirm.

FACTS

¶ 2. Vanessa D. Anderson, Dorothy Anthony, Betty B. Caldwell, Angela M. Holley, Catrinna Y. McClain, Cheryl Mickens, Doshua Perkins-Sanders, and Lottie Scales (Appellees) were all candidates for licensure from the State of Mississippi as social workers. The Appellees took the required examination for licensure administered by the Department of Health for the Mississippi State Board of Health[1] on February 18, 1995. After taking this *1082 exam, each Appellee received a notice of hearing from Rebecca Thames, Mississippi State Board of Health, "to show cause why your Social Work License should not be revoked." The notice further informed the Appellees that the Department suspected that they "were involved in an attempt to deceive the Department and unfairly circumvent the examination process. Specifically, you are accused of obtaining or receiving a copy and/or reviewing or discussing the contents of a copy of the February Examination prior to the administration of that exam." The initial hearing was scheduled during May 1995; however, Appellees were not afforded an opportunity for a hearing until November 20, 1997. This hearing was conducted after Appellees and two others initiated litigation, and pursuant to an injunction issued by Circuit Judge Swan Yerger in the Circuit Court of the First Judicial District of Hinds County, were granted an administrative hearing on the issue of licensure. On November 20, 1997, Appellees, along with two others, attended the scheduled hearing before the Board of Examiners.

¶ 3. During the hearing, only one witness, Ingrid Williams, Director of Bureau of Licensure, Mississippi State Department of Health, testified on behalf of the Board. Williams testified that she was unaware of any on-site problems during the day of the February 1995 exam. Williams admitted that she did not see any of the twenty-three suspects, nor Appellees, with a copy of the examination. Williams testified that she received information from Kay Covington, the social work program administrator at the Mississippi State Department of Health, that Covington had received a telephone call indicating that two or three people had copies of the exam prior to its administration and had used those copies to take the exam. Williams did not remember the names of the individuals who were implicated. Correspondence was exchanged between the American Association of State Social Work Boards (AASSWB) and the Mississippi Department of Health on this issue. Williams, who was neither a statistician nor a psychometrician, testified that she relied on the AASSWB to determine that the February 1995 scores were not reliable and accordingly determined that all February 1995 examinees would have to retake the exam.

¶ 4. All the Appellees testified and refuted any allegations, or innuendos, that they had a copy of the examination or studied or reviewed a copy of the examination or cheated on the February 1995 examination. All Appellees testified that they studied fervently before taking the examination.

¶ 5. The Board of Examiners determined by a majority vote, "that the Board of Health did not wrongfully refuse to accept the February 1995 passing test scores of the applicants and issue a license." The Board stated that the issue of cheating by anyone who took the examination in February 1995 was not considered in the Board's decision. The Board found that all the Appellees should be given ample opportunity to take and pass the examination; however, should the Appellees not accept this "option, existing law and regulations regarding the practice of social work would be procedurally ... invoked."

¶ 6. On February 9, 1998, Appellee Anderson appealed that decision to the Circuit Court of Holmes County, an identical appeal was flied by Appellees Anthony, Caldwell, McClain, and Perkins-Sanders to the Circuit Court of Leflore County, and a third identical appeal was filed by Appellees Holley, Mickens, and Scales in the Circuit Court of the First Judicial District of Hinds County. Circuit Judge Gray Evans transferred the Leflore County appeal to the Circuit Court of the First Judicial District of Hinds County where it was eventually consolidated with the other identical Hinds County appeal on August 10, 1998. Circuit Court Judge Jannie M. Lewis denied the request of the Board of Examiners to transfer the Holmes County appeal to Hinds County.

*1083 ¶ 7. After the August 10, 1998 consolidation of the two Hinds County cases, the Hinds County Appellees filed a September 30, 1998 injunction request to extend their provisional licenses until the Hinds County court could enter its ruling on the appeal. On October 5, 1998 that court granted the injunction. On December 31, 1998, the Hinds County court entered its ruling on the appeal.

¶ 8. The Hinds County Circuit Court found that the decision of the Board of Examiners was not supported by substantial evidence and was arbitrary and capricious.

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Bluebook (online)
757 So. 2d 1079, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miss-state-bd-of-exmrs-v-anderson-missctapp-2000.