THOMAS K. BALLARD, III, M.D. ET AL v. TENNESSEE DEPARTMENT OF HEALTH

Appellants, a doctor and a medical clinic, challenge a final order of the Tennessee Commissioner of Health imposing monetary fines and costs. The order followed the investigation and prosecution of numerous violations of state statutes and regulations governing pain management clinics. After review of an initial decision from an administrative law judge, the Commissioner’s Designee found three additional violations and increased the assessment of civil penalties and costs issued in the initial ruling. Appellants argue that the new violations were not supported by substantial and material evidence and were arbitrary and capricious under the Uniform Administrative Procedures Act. Further, they argue that the increase in penalties and costs was arbitrary and capricious. Because the decision appealed was supported by substantial and material evidence and neither arbitrary nor capricious, we affirm.