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Martin v. Sizemore8/22/2001
s decision to suspend Mr. Martin's license for three years and thereafter to place him on probation for one year was expressly premised on its conclusion that he had engaged in unprofessional conduct on all four projects at issue. In light of our conclusion that the State did not carry its burden with regard to three of these four projects and a significant portion of the fourth project, it would be inappropriate to surmise that the Board would have imposed the same punishment had Mr. Martin's only offense been to overlook including fire alarms, exit lights, and emergency lighting on one project. In cases where an administrative agency's decision is tainted by error substantially affecting the outcome of the proceeding, the most appropriate remedy is to remand the case to the board with instructions that the agency carry out its statutory responsibilities in a manner consistent with its statutory authority. Consumer Advocate Div. v. Tennessee Regulatory Auth., No. M1999-02151-COA-R12-CV, 2000 WL 13794, at * 2 (Tenn. Ct. App. Jan. 10, 2000) (No Tenn. R. App. P. 11 application filed); Hoover, Inc. v. Metropolitan Bd. of Zoning Appeals, 955 S.W.2d 52, 55 (Tenn. Ct. App. 1997). Accordingly, we remand the case to the Board with directions to determine, based on the present record, the discipline that should be imposed on Mr. Martin for his failure to include in the plans for the Timbers Lodge and Old Village Shops project provisions for fire alarms, exit lights, and emergency lighting.
IV.
We affirm the judgment of the trial court except as modified in Section III. The case is remanded to the Board of Examiners for Architects and Engineers for further proceedings consistent with this opinion. The costs of this appeal are taxed to the Board of Examiners for Architects and Engineers.
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