Gamm

The Board of Medical Quality Assurance (hereinafter the Board) appeals from a judgment entered after the trial court issued a peremptory writ of mandate. The writ was based on the court’s finding that the Board did not timely grant a petition for reconsideration. The writ ordered the Board to set aside its decision unconditionally revoking respondent’s medical license and to reinstate its original decision placing respondent on probation for five years.

This appeal raises the issue whether Government Code section 11521, subdivision (a), requires the Board, in granting reconsideration, to issue an order, or whether the Board will be deemed to have “acted” where its individual members have cast the necessary votes. The trial court ruled that the Board must issue a timely order or lose its jurisdiction to act. We agree; therefore we affirm.

On February 23, 1979, following- a hearing, an administrative law judge issued a proposed decision that the medical license of respondent, Stanford R. Gamm, a psychiatrist, be revoked, but that revocation be suspended and Gamm be placed on probation for five years under certain terms and conditions. The Board adopted the proposed…