Walters

Petitioner conducted an electrical contracting business as a partnership. He had, as the qualifying partner, obtained a contractor’s license for the company. The business failed and he voluntarily requested cancellation of the company license by the State Registrar of Contractors. He filed a petition in bankruptcy as an individual and thereafter made application with the Contractors’ State License Board for a new electrical contractor's license as an individual. The application was denied and the company’s license was revoked. He seeks a writ of mandate nullifying the board's order denying him a license and compelling the issuance of a license to him. The superior court denied his petition for a writ upon the grounds that the petition for the writ was not timely filed within the limitations of section 11523 of the Government Code, within 30 days after the last day on which reconsideration of the administrative decision could have been ordered or within five days after the delivery of the administrative record to petitioner; that such statutory periods of limitations were jurisdictional. Petitioner appeals from such judgment.

Petitioner’s appeal is proper and must be sustained.…