Writ of Administrative Mandamus
If you have filed a Petition for Reconsideration with the Board and it was denied, your next step may be to file a Writ of Administrative Mandamus with the Superior Court. A Writ of Administrative Mandamus is a request to review a decision made by state Boards. Under California Code of Civil Procedure section 1094.5, a Writ of Administrative Mandamus allows you the right to have a superior court judge review the Board’s decision to determine if the Board abused its discretion in reaching its decision. Once this writ is filed, the Superior Court will review the administrative record and determine if the Board made the proper findings, if the petitioner received a fair hearing, and whether there were any errors of law. Typically, a Writ of Administrative Mandamus must be filed within 30-days of the effective date of a decision (this deadline can sometimes be extended if the administrative record has been requested timely, but not yet received). If the superior court grants your Writ, the case is sent back to the Board to reconsider the matter in light of the court’s findings. Most Boards allow an opportunity for the licensee to provide additional written argument, and usually some limited oral argument, to the Board members themselves at their next quarterly meeting. If the Board needs more evidence, it has the discretion to send the case back to be heard by an Administrative Law Judge (“ALJ”) to take additional evidence. The Board will then either adopt, modify, or reject the ALJ’s decision.
Protecting Professionals' Careers for Over 50 Years
An adverse Board disciplinary decision has the potential to effectively end your career. Our law firm has the resources, knowledge, and attorneys with experience to compel the Board’s compliance with the law and to assist with presenting your case in the best light possible in order to try and minimize the damage to your professional license that you have worked so hard to obtain. We are ready to provide strong counsel to help you appeal a state or federal licensing board administrative decision, private administrative actions by hospitals, and more. With over 50 years’ experience, our law firm understands the serious challenges you face and can provide you a competitive advantage in the pursuit of a successful outcome to protect your life’s work.
Protect Your Life’s Work! Contact Our Law Firm Right Now.
Timing is critical. If you are facing an adverse California Board disciplinary decision, it has the potential to effectively end your career. Do not delay seeking the advice and counsel of an experienced California licensing board defense lawyer. Our California licensing attorneys have a combined 50 years experience helping clients like you. To schedule a FREE initial phone consultation, fill out our online form or call our us directly at (650) 212-4900 1-800-LAW-MDJD (1-800-529-6353).
The Law Firm of Marvin Firestone, MD•JD, & Associates has offices located in the San Francisco Bay Area and the Central Coast serving clients throughout California.