The Board found that, in acting as a middleman for the sale of drugs from Miller to Bloch, while accepting payment from Bloch for each transaction, plaintiff was functioning as a wholesale distributor without a license to do so. Plaintiff filed a petition for review with the circuit court, which thereafter set aside the Board's decision.
Defendant now appeals.
An appeal from an administrative agency is reviewed to determine whether the agency's decision was authorized by law, and supported by competent, material and substantial evidence on the whole record. Michigan law mandates that an individual obtain a license to act as a wholesale distributor of drugs. Here, the Board found that plaintiff acted as a middleman in the sale of drugs and was acting as a wholesale distributor without a license to do so. The Board was thus authorized to sanction plaintiff. The circuit court further opined that the statutory definitions upon which the Board based its findings were not intended to apply to someone such as plaintiff, who was a registered pharmacist and had a license to possess and sell drugs.