Carl S. v. Commission for Teacher Preparation & Licensing

Statement of the Case

Appellant Carl S. held a general secondary teaching credential issued by the respondent Commission for Teacher Preparation and Licensing (Commission). The Commission is empowered under Education Code section 44421 to revoke or suspend the teaching credential of a person, inter alia, “for immoral or unprofessional conduct” or “for evident unfitness for service.”

Pursuant to the Administrative Procedure Act, Government Code section 11500 et seq., an accusation against appellant was filed by the Commission on July 14, 1975, in which the Commission recommended revocation of appellant’s credential. On July 7, 1976, an administrative hearing was held in Los Angeles to receive evidence on the issue whether grounds existed for suspension or revocation of appellant’s credential. Appellant did not attend the hearing despite the fact that he was given notice pursuant to Government Code sections 11505 and 11509. No evidence was presented on appellant’s behalf and he was not represented by counsel.

During the administrative hearing, the Commission had marked for identification a criminal complaint dated February 2, 1972, and a certified copy of judgment and…