Hope

The contractor’s license of appellant, Richard C. Hope, was revoked after a hearing on an accusation charging him with violation of Business and Professions Code, section 7113.5 (as in effect in 1959). Under this section adjudication and acts of bankruptcy are cause for disciplinary action. Hope petitioned the superior court for a writ of mandate commanding respondent board to reinstate him. The writ was denied.

Appellant urges that the 1959 version of Business and Professions Code, section 7113.5, is unconstitutional because (1) it violates the due process clause of the United States Constitution; (2) it is an encroachment upon the exclusive powers of Congress to legislate regarding bankruptcy (U. S. Const., art. I, § 8, cl. 4) and therefore violates the “supremacy clause” (U. S. Const., art. VI, § 2); (3) it constitutes an unlawful delegation of legislative authority to an administrative tribunal. He also urges that, even should he fail to convince in the postulations proffered above, he is entitled to prevail on the proposition (4) that the board acted arbitrarily, capriciously and in abuse of discretion.

Contentions (1), (3) and (4) can be confidently answered. Business and…