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IN THE COURT OF APPEALS OF IOWA No. 7-508 / 07-0170 Filed December 28, 2007 MOSES MENEGBO, Petitioner-Appellant, vs. IOWA DEPARTMENT OF INSPECTIONS AND APPEALS, Respondent-Appellee. ________________________________________________________________ Appeal from the Iowa District Court for Polk County, Robert B. Hanson, Judge.

Petitioner appeals from the district court's ruling that affirmed the respondent's AFFIRMED. finding the petitioner committed dependent adult abuse.

Kerri Keyte of Marks Law Firm, Des Moines, for appellant. Thomas J. Miller, Attorney General, Jeanie Kunkle Vaudt, Assistant Attorney General, and John Lindquist, Assistant Attorney General, Administrative Law Division, for appellee.

Heard by Sackett, C.J., and Vaitheswaran and Baker, JJ.

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SACKETT, C.J. Petitioner-appellant, Moses Menegbo, appeals from the district court's decision on judicial review that affirmed the finding of the Iowa Department of Inspections and Appeals (DIA) that he committed domestic adult abuse. He

contends the court erred in determining (1) the DIA's finding was supported by substantial evidence and (2) the DIA's credibility determinations and weighing of the evidence was not unreasonable, arbitrary, capricious, or an abuse of discretion. We affirm. I. Background Proceedings In March of 2004, the DIA issued a notice of investigative findings and comprehensive abuse memo that "founded an allegation of abuse" of a dependent adult by Menegbo in an incident in January of 2004. He was placed on the central abuse registry. His appeal was continued, pending resolution of criminal charges arising from the incident. In March of 2005, a jury acquitted Menegbo of charges of assault causing bodily injury and wanton neglect of a resident of a health care facility not resulting in serious bodily injury. In

September of 2005, Menegbo's appeal of the DIA's administrative action was submitted on the transcript of the criminal trial and the briefs of the parties; no additional evidence was offered. In December of 2005, the administrative law judge (ALJ) affirmed the DIA's initial finding that Menegbo committed dependent adult abuse. Menegbo sought further review by the agency. In January of 2006, the DIA issued a final order that affirmed the finding of dependent adult abuse. Menegbo sought judicial review. He alleged the decision of the DIA (1) was not supported by substantial evidence, (2) was affected by error of law, (3)

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did not follow agency precedent, (4) was in excess of its statutory authority, and (5) was unreasonable, arbitrary and capricious, and characterized by a abuse of discretion. He also sought a determination that the DIA's actions were in bad faith. On the substantial evidence claim, the district court concluded substantial evidence supported the DIA's finding that Menegbo committed dependent adult abuse. On the claim the DIA's "characterization of the witnesses, credibility

determination, and treatment of the evidence" were unreasonable, arbitrary, capricious, and an abuse of discretion, the district court concluded they were not. Menegbo appeals, raising the same claims addressed by the district court. He contends substantial evidence does not support the finding he committed dependent adult abuse. He further contends the DIA's "characterization of

witnesses, credibility determinations, and treatment of the evidence" were unreasonable, arbitrary, capricious, and an abuse of discretion. II. Scope of Review A district court reviews agency action pursuant to the Iowa Administrative Procedure Act. IBP, Inc. v. Harpole, 621 N.W.2d 410, 414 (Iowa 2001) (citing Iowa Code

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