Wingfield

Harold Wingfield petitioned the Superior Court of Sacramento County for a writ of mandate to compel the Director of Agriculture of the State of California (Director) to set aside his decision revoking Wingfield’s license as an aircraft pilot with a certificate of qualifications from the Director as required by section 11901 of the Agricultural Code. Wingfield sought a review of the order of the Director under the provisions of section 1094.5 of the Code of Civil Procedure, the administrative mandamus statute. Following a trial in the superior court, Wingfield’s petition for a writ of mandate was denied and this appeal followed.

The Director’s decision affected a vested right held by Wingfield as a licensee of the Department of Agriculture for the operation of an aircraft for the application of pesticides by air. The Director made the decision in the discharge of one of his functions as the director of a statewide agency of legislative — as distinguished from constitutional — origin. The superior court, reviewing the decision of the Director in this proceeding, is, therefore, authorized to exercise its independent judgment on the administrative evidence and to find an…