Rose v. Bd. Behavioral Sciences
Respondent Michael Edward Rose (Rose) is a licensed clinical social worker who was subjected to professional disciplinary proceedings by appellant Board of Behavioral Sciences (Board) after he suffered three drunk driving convictions within 11 years. After the Board issued its ruling, Rose brought a petition for writ of administrative mandamus (Code Civ. Proc., 1094.5) challenging the Boards decision suspending Rose from the practice of licensed clinical social work for a minimum of 30 days as a condition of his probation so that he can obtain and implement a psychiatric evaluation. The Alameda County Superior Court granted Rose the relief he requested, finding that Roses 30-day suspension was not warranted under these circumstances. The Board filed this appeal claiming the court erred in granting writ relief because he 30-day suspension as a condition of probation was not excessive and did not constitute an abuse of discretion. We agree with the Board, and therefore, reverse the judgment.
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