Morton

The Board of Registered Nursing disciplined Audrey T. Morton for unprofessional conduct by revoking her license, staying revocation, and placing her on probation for one year, subject to ten enumerated terms and conditions. Morton challenged the discipline in a petition of writ of mandate to the superior court, ostensibly per Code of Civil Procedure section 1085. The board argued Morton could seek relief only under the provisions of Code of Civil Procedure section 1094.5 and that her petition was filed too late.

The superior court rejected the board’s contentions, but determined the discipline was not in excess of its statutory authority. The court denied Morton’s petition on the merits. We find the board’s procedural arguments dispositive and affirm.

I

In 1985, the Board of Registered Nursing filed a multicount accusation against Morton. The allegations arose from her ownership and operation of two licensed board and care homes. An administrative law judge determined three allegations should be sustained. The board did not adopt the hearing officer’s findings, but held an independent review. Nevertheless, it reached the same result as the administrative law judge and…