Lee Phan v. Tennessee Department of Commerce and Insurance

After a contested case hearing, an administrative law judge (“ALJ”), acting on behalf of the Tennessee Board of Cosmetology, revoked a cosmetologist’s license based upon evidence that he had assisted in the procurement of reciprocity licenses in exchange for cash.  The ALJ also assessed civil penalties against the cosmetologist in the amount of $20,000.  The cosmetologist filed a request for judicial review, and the chancery court affirmed the decision of the ALJ.  We have concluded that the ALJ’s decision is supported by substantial and material evidence and that none of the grounds raised by the cosmetologist justify reversal under the deferential standard of review described in Tenn. Code Ann. § 4-5-322(h).