Golde

Appellant appeals from a superior court judgment denying his petition for a writ of mandate to compel respondent David Fox, Commissioner of the Department of Real Estate (herein after called Commissioner) to set aside his decision revoking appellant’s broker’s license and substituting therefor a restricted salesman’s license.

The Commissioner’s office filed an accusation charging the appellant with having entered a guilty plea to violation of section 11359 of the Health and Safety Code (possession of marijuana for sale); that said offense is “a crime involving moral turpitude” and thus “grounds for disciplinary action under the provisions of section 10177, subdivision (b) of the Business and Professions Code.” An amended version of the accusation further alleged that the appellant’s acts constitute “a crime that is substantially related to the qualifications, functions, or duties of the business or profession for which the license was issued and is grounds for disciplinary action under the provisions of section 490 of the Business and Professions Code.” A hearing was requested to determine whether appellant’s real estate broker’s license should be suspended as revoked.…