Lax

Lax v. Board of Medical Quality Assurance

Good Law
116 Cal. App. 3d 669·172 Cal. Rptr. 258·1981 Cal. App. LEXIS 1483
Court of Appeal of CaliforniaMarch 9, 1981Civ. 59581California2,162 words

Opinion

Opinion

Older, J.

— Appeal from a judgment of the superior court denying a petition for a peremptory writ of mandate filed by appellant Aaron Lax, a medical doctor, and dissolving a stay of the decision of the Board of Medical Quality Assurance (the Board) revoking appellant’s certificate to practice as a physician and surgeon in the State of California.

Appellant was convicted in the United States District Court on March 17, 1977, of four felony counts of possessing and distributing cocaine, a controlled substance. Appellant appealed the conviction and the United States Court of Appeals for the Ninth Circuit affirmed the judgment of conviction, subject to a sentence modification.

Thereafter, the Board initiated disciplinary proceedings against appellant under the Business and Professions Code. Following a hearing the administrative law judge rendered a proposed decision revoking appellant’s certificate to practice and the Board adopted that decision. The decision of the Board was based on appellant’s conviction of distributing cocaine.

In this appeal appellant contends that he was denied due process at the administrative hearing by the refusal of the Attorney General to disclose the…

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