Q: How to appeal a disciplinary order that was recommended by an ALJ and was adopted by a California state licensing board
California Board of Registered Nursing voted to adopt the discipline recommended by the administrative law judge. Case was heard at the office of administrative hearings.
A:
In California, if a licensed professional wants to appeal a disciplinary order that was recommended by an Administrative Law Judge (ALJ) and adopted by a state licensing board like the Board of Registered Nursing, they would need to file a writ of administrative mandamus in the Superior Court. Here are the key steps in this process:
1. File a Writ of Administrative Mandamus: Under California Code of Civil Procedure § 1094.5, the licensed professional must file a writ of administrative mandamus in the Superior Court within 30 days of the effective date of the board's decision.
2. Serve the Writ: The petitioner must serve the writ and the petition on the licensing board and any other relevant parties.
3. Prepare the Administrative Record: The licensing board will prepare the administrative record, which includes the Notice of Hearing, any pleadings, exhibits, the hearing transcript, and the ALJ's proposed decision and the board's final decision.
4. Brief the Issues: Both the petitioner and the licensing board will have the opportunity to submit written briefs to the court, arguing their positions based on the administrative record.
5. Oral Argument: The court may hold an oral argument where the parties can present their case and answer any questions the judge may have.
6. Court's Decision: The Superior Court judge will review the administrative record and the arguments to determine if the board abused its discretion in adopting the ALJ's proposed decision. The court may uphold the board's decision, overturn it, or remand the case back to the board for further proceedings.
7. Further Appeals: If either party is dissatisfied with the Superior Court's decision, they may appeal to the California Court of Appeal and potentially to the California Supreme Court.
It's important to note that the court's review in an administrative mandamus proceeding is limited to the administrative record and determining if the board's decision was supported by the evidence and free from legal errors.
Given the complexity of this process, it is highly recommended that the licensed professional seek the assistance of an attorney experienced in administrative law and professional licensing matters.
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