Moran

In February, 1944, respondent Board of Medical Examiners (hereinafter termed the board) licensed petitioner James A. Moran (hereinafter called petitioner) to practice medicine and surgery in California. Thereafter petitioner developed a general practice of his profession at Carmel, in Monterey County. In May, 1946, a special agent of the board filed a written accusation charging petitioner with three counts of unprofessional conduct in the prescription of certain narcotics and asking that the board discipline petitioner. Following a hearing the board, on August 16, 1946, filed its written decision and order that petitioner was guilty as charged, that his medical certificate be suspended for one year, that for five years immediately following the year of suspension petitioner be on probation and neither have in possession nor prescribe narcotics, and that the decision “shall be effective immediately upon delivery of a copy thereof” to petitioner.

On September 26, 1946, petitioner filed in the superior court in Los Angeles his petition for a writ of mandate asking that the court review the proceedings before the board, set aside the decision and order of the board, and order that…

The procedure governing judicial review of the adjudicatory decisions of statewide administrative agencies is prescribed by section 1094.5 of the Code of Civil Procedure, which follows “the procedural pattern laid down by recent court decisions.’’ 1 (Tenth Biennial Report of the Judicial Council of California, 26.) This section provides:

Thus, the purpose of review under this section is the correction of abuse of discretion. “Where the fact finding power is involved, the review by mandate will correct an ‘abuse of discretion on the facts.’ ” (Tenth Biennial Report of the Judicial Council of California, 141.) When the action of a local administrative agency is challenged, an abuse of discretion on the facts is established if the findings are not supported by substantial evidence. In the ease of a statewide agency, with statutory powers only, the court may exercise an independent judgment on the facts, and an abuse of discretion is established if the court determines that the findings are not supported by the weight of the evidence. Thus, the controlling issue in a mandamus proceeding to review the action of a statewide agency exercising statutory powers only, when it is claimed…

In February, 1944, respondent Board of Medical Examiners (hereinafter termed the board) licensed petitioner James A. Moran (hereinafter called petitioner) to practice medicine and surgery in California. Thereafter petitioner developed a general practice of his profession at Carmel, in Monterey County. In May, 1946, a special agent of the board filed a written accusation charging petitioner with three counts of unprofessional conduct in the prescription of certain narcotics and asking that the board discipline petitioner. Following a hearing the board, on August 16, 1946, filed its written decision and order that petitioner was guilty as charged, that his medical certificate be suspended for one year, that for five years immediately following the year of suspension petitioner be on probation and neither have in possession nor prescribe narcotics, and that the decision "shall be effective immediately upon delivery of a copy thereof" to petitioner.

On September 26, 1946, petitioner filed in the superior court in Los Angeles his petition for a writ of mandate asking that the court review the proceedings before the board, set aside the decision and order of the board, and…