a.    Patient complained of doctor’s care.
b.    Physician was sanctioned and his license was suspended for 5 years by the board.
c.    He appealed the decision and SOAH conducted a hearing regarding the complaints.  Administrative judge reversed sanctions.
d.    Board did not take SOAH’s recommendation and again suspended his license for 5 years.
e.    Physician appealed again to the district court b/c the board changed the administrative law judge’s decision.
f.    On what basis can a state agency change the opinion of an administrative law judge?  Public policy.
g.    Court held that the board can change a finding of fact or conclusion of law by the administrative judge but only for reasons of policy, and the agency must state in writing the reason and legal basis for the change.  Here, the agency did not state a reason for the change, so the court said the board violated the code for not stating policy reasons.