New Mexico State Board of Psychologist Examiners v. Land

2003 NMCA 034, 62 P.3d 1244, 133 N.M. 362
CourtNew Mexico Court of Appeals
DecidedDecember 17, 2002
Docket22,254
StatusPublished
Cited by26 cases

This text of 2003 NMCA 034 (New Mexico State Board of Psychologist Examiners v. Land) is published on Counsel Stack Legal Research, covering New Mexico Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
New Mexico State Board of Psychologist Examiners v. Land, 2003 NMCA 034, 62 P.3d 1244, 133 N.M. 362 (N.M. Ct. App. 2002).

Opinion

OPINION

BOSSON, Chief Judge.

{1} This appeal raises important issues regarding the limited scope and standard of review that a district court applies to an administrative appeal of a license revocation by a professional licensing board. Because the district court engaged in fact-finding functions and otherwise failed to follow the limited review of an appellate court, we reverse and remand with instructions to affirm the board’s decision revoking the professional license.

BACKGROUND

{2} Dr. Paula G. Land has been a licensed psychologist in New Mexico since 1986. In September 1993, Land began to treat a patient (hereinafter “patient” or “former patient”) for issues related to alcohol abuse, family discord, boundary issues, depression, grief, suicide, post traumatic stress disorder (PTSD), violence, gender issues, and sexual abuse. At Land’s recommendation, the patient spent approximately three weeks in a psychiatric facility during March 1994. Approximately two weeks after the patient’s discharge from the hospital, Land terminated her professional relationship with the patient, and the two began to pursue a personal relationship which evolved into a romantic and sexual relationship lasting until December 1994. At that point, according to Land, the two separated due to her former patient’s emotional problems, violent tendencies, and problems with alcohol.

{3} Eventually, the former patient reported Land to the New Mexico State Board of Psychologist Examiners (Board), which initiated disciplinary proceedings against Land because of her personal involvement with her former patient. After an evidentiary hearing before a hearing officer, the Board entered an order revoking Land’s license to practice psychology in New Mexico. On appeal, the district court reversed Land’s license revocation and ordered that the case against her be dismissed. We granted the Board’s petition for certiorari.

DISCUSSION

Scope and Standard of Review

{4} We recently clarified our scope of judicial review on certiorari of an appellate decision of the district court. See C.F.T. Dev., LLC v. Bd. of County Comm’rs, 2001-NMCA-069, ¶¶ 6-15, 130 N.M. 775, 32 P.3d 784. We will review a district court’s appellate decision when there is

(a) a conflict between the district court order and a prior appellate opinion of either this Court or the Supreme Court; (b) a conflict between the district court order and any statutory provision, ordinance or agency regulation; (c) a significant question of law under the New Mexico or United States Constitutions; or (d) an issue of substantial public interest that should be determined by this Court.

Id. ¶ 8; see Rule 12-505(D) NMRA 2002. We will not review an agency decision for an abuse of discretion, nor will we determine whether it was supported by substantial evidence. C.F.T., 2001-NMCA-069, ¶¶9-11, 130 N.M. 775, 32 P.3d 784. Those tasks are for the district court sitting in its appellate capacity. Id. ¶ 9.

{5} When acting as an appellate court, the district court may reverse an agency decision if it determines that the agency acted fraudulently, arbitrarily or capriciously, if the decision was not supported by substantial evidence, or if the agency did not act in accordance with the law. See NMSA 1978, § 39-3-1.1(D) (1999); Rule 1-074(Q) NMRA 2002; Zamora v. Vill. of Ruidoso Downs, 120 N.M. 778, 782-85, 907 P.2d 182, 186-89 (1995) (describing district court’s scope of review when reviewing final agency decision); Las Cruces Prof'l Fire Fighters v. City of Las Cruces, 1997-NMCA-044, ¶ 7, 123 N.M. 329, 940 P.2d 177 (same). When acting in its appellate capacity, the district court’s scope and standard of review is limited in the same manner as any other appellate body. The court must view the evidence in the light most favorable to the decision of the agency and must defer to the agency’s factual determinations if supported by substantial evidence. See Zamora, 120 N.M. at 782-83, 907 P.2d at 186-87. The district court may not substitute its judgment for that of the agency and must evaluate whether the record supports the result reached, not whether a different result could have been reached. Family Dental Ctr. v. N.M. Bd. of Dentistry, 97 N.M. 464, 465, 641 P.2d 495, 496 (1982); Tapia v. City of Albuquerque, 104 N.M. 117, 120, 717 P.2d 93, 96 (Ct.App.1986). Ordinarily, the court must defer to an agency’s interpretation of its own regulations. See W. Bluff Neighborhood Ass’n v. City of Albuquerque, 2002-NMCA-075, ¶ 41, 132 N.M. 433, 50 P.3d 182; High Ridge Hinkle Joint Venture v. City of Albuquerque, 119 N.M. 29, 38, 888 P.2d 475, 484 (Ct.App.1994); see also In re Adjustments to Franchise Fees, 2000-NMSC-035, ¶ 10, 129 N.M. 787, 14 P.3d 525 (stating that courts will ordinarily defer to an agency when there are “legal questions that implicate special agency expertise or the determination of fundamental policies within the scope of the agency’s statutory function” (internal quotation marks and citation omitted)). A decision of the Board is reviewed in this same, limited manner if appealed on the record to the district court. See NMSA 1978, § 61-1-17 (1999) (providing that a person entitled to a hearing under the Uniform Licensing Act may obtain a review of an adverse board decision pursuant to Section 39-3-1.1, which grants district courts appellate jurisdiction to review agency decisions).

{6} In its present appeal, the Board argues that the district court failed to apply a limited standard of review, in conflict with New Mexico case law, statutory authority, and Supreme Court rules, and in so doing exceeded its appellate jurisdiction. See § 39-3-1.1; Rule 1-074(Q); Zamora, 120 N.M. at 782-85, 907 P.2d at 186-89. Pursuant to Rule 12-505(D)(5)(a) and (b), which defines our review on certiorari, we examine whether the district court misapplied or misapprehended its appellate jurisdiction. See C.F.T., 2001-NMCA-069, ¶¶9-11, 130 N.M. 775, 32 P.3d 784; see also Lewis v. Samson, 2001-NMSC-035, ¶¶ 28-29, 131 N.M. 317, 35 P.3d 972 (on certiorari, discussing reversal of the Court of Appeals for failure to apply the correct standard of review to discretionary rulings of the district court). This presents a question of law, which we review de novo. B C & L Pavement Servs., Inc. v. Higgins, 2002-NMCA-087, ¶ 2, 132 N.M. 490, 51 P.3d 533 (discussing standard of review).

Procedural History

{7} The Board was created pursuant to the Professional Psychologist Act, NMSA 1978, §§ 61-9-1 to -19 (1963, as amended through 2002).

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2003 NMCA 034, 62 P.3d 1244, 133 N.M. 362, Counsel Stack Legal Research, https://law.counselstack.com/opinion/new-mexico-state-board-of-psychologist-examiners-v-land-nmctapp-2002.