Ann-Marie Yost, M.d., Appellant v. State of Alaska, Division of Corporations, Business and Professional Licensing…

Summary

The court held that the superior court properly treated Dr. Yost's contract-based action as an administrative appeal because the requested relief required reversal of the medical board's decision adopting the settlement agreement. But because the agency never considered whether Dr. Yost had been promised an opportunity to address the Board, due process required a trial de novo on that factual issue, and the conflicting evidence made summary judgment improper. The court remanded for that trial, directing the superior court to remand to the Board if it finds the promise existed and otherwise affirm the Board's decision.