Stevenson

Appellant, a licensed physician and surgeon, appeals from a judgment denying his second amended petition for writ of mandamus and writ of prohibition. Respondents are the State Board of Medical Examiners (hereinafter, the “board”), its executive secretary, and a district review com mittee of the board (Bus. & Prof. Code, §§ 2123-2124.3). The judgment was entered after respondents’ general demurrer to the amended petition was sustained without leave to again amend.

Tips appeal presents issues concerning the availability of prehearing depositions in an administrative disciplinary proceeding, the board’s prerogatives in ordering such depositions to be taken, and the adequacy of appellant’s showing for such an order. Pending appeal, the disciplinary proceeding involving appellant has been taken off calendar by stipulation of the parties.

The executive secretary, in his official capacity, commenced the initial proceeding by filing with the board an accusation against appellant containing two charges of unprofessional conduct. The first charge was that, during 1965 and 1966, appellant employed an unlicensed practitioner (one Roger Whittaker) in the practice of medicine and…