Mandamus, Stay of Professional Licensure Suspension - Ex Parte Alabama State BD. of Pharmacy


Ex parte Alabama State Bd. of Pharmacy, [Ms. 2160266, June 9, 2017] __ So. 3d __ (Ala. Civ. App. 2017). In a plurality opinion (Thompson, Presiding J.; Pittman, J., concurs; Donaldson, J., concurs in the result; Moore, J., and Thomas, J., dissent), the Court of Civil Appeals grants the Alabama Board of Pharmacy's petition for writ of mandamus and directs the Montgomery Circuit Court to vacate an order supplementing a stay on a temporary basis, which had the effect of removing restrictions upon a pharmacist's ability to practice pharmacy pending judicial review of the board's decision to suspend her license. The court concluded that the circuit court's order violated provisions of the Alabama Administrative Procedure Act, § 41-22-1 et seq., Ala. Code 1975, because it was entered before the board was afforded an opportunity to present evidence and be heard on whether its suspension order should be judicially modified.

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