In re Bryan M. Atterson

Summary

The Supreme Court of Appeals of West Virginia affirmed the Raleigh County Circuit Court’s order reversing the decertification of Bryan M. Atterson as a law enforcement officer. The Court held that the circuit court did not abuse its discretion in concluding that the administrative director’s decision was arbitrary and capricious, particularly because the director rejected the administrative law judge’s credibility determinations based on the hearing record. The Court did not address the remaining assignment of error.

Holdings

1. When a circuit court has reversed the result reached by an administrative agency, the Supreme Court reviews the circuit court's final order and ultimate disposition for abuse of discretion and reviews questions of law de novo; administrative factual findings are ordinarily reviewed deferentially unless clearly wrong.
2. Where an ALJ personally hears substantial testimony and observes the witnesses, an appellate court must defer to the ALJ's credibility determinations and evidentiary inferences unless the factfinder's resolution is physically impossible or inconsistent with contemporary documents.
3. The circuit court did not abuse its discretion in concluding that the agency director acted arbitrarily and capriciously by rejecting the ALJ's credibility-based findings and affirming decertification on the basis of the record and cold transcripts.

Questions Presented

1. Whether the circuit court abused its discretion in reversing the agency director's order affirming the LEPS Subcommittee's revocation of Atterson's law-enforcement certification.
2. Whether the agency director's decision was arbitrary and capricious or unsupported by reliable, probative, and substantial evidence.
3. Whether the circuit court's treatment of the ALJ's credibility determinations was proper where the ALJ personally observed the witnesses and the director relied on the record and cold transcripts.

Disposition

affirmed