Mir v. Superior Court
The Medical Board of California (Board) is required under the Administrative Procedures Act (Gov. Code, 11340 et seq.; APA) to allow oral or written argument when it rejects a decision of an administrative law judge (ALJ) and decides a case on its own, even where the case is remanded to the Board for redetermination of the penalty following judicial review on a petition for writ of administrative mandamus. (Ventimiglia v. Board of Behavioral Sciences (2008) 168 Cal.App.4th 296, 313-314.) The Board initially revoked petitioner Jehan Zeb Mirs license upon the adoption of the findings of an ALJ. The superior court granted a petition to set aside the revocation on the ground that some of the Boards findings could not be sustained. It remanded the matter to the Board stating that it could not determine whether the Board would have applied the same penalty without the disapproved findings.
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