Gilliland

Doctor Jack L. Gilliland (Gilliland) and Jose Rivera (Rivera) appeal from the denial of their petition for writ of administrative mandamus. Ron Joseph (Joseph), the Executive Director of the Medical Board of California and Acting Director of the Department of Consumer Affairs, charged Gilliland and Rivera with violating Business and Professions Code section 805 because they filed a late report of another doctor’s suspension/termination. The question before us is whether the Medical Board of California (Board) has jurisdiction and authority to assess and impose a civil penalty pursuant to the Administrative Procedure Act (APA; Gov. Code, § 11400 et seq.). The trial court ruled that it did, but we disagree. We hold that the statute specifies that the action must be brought by the Attorney General (§ 805, subd. (h)), and since the Attorney General is only a party in an action in court, the Board did not have jurisdiction to impose a penalty under this statute in an administrative proceeding.

Background

The facts underlying this appeal are not in dispute. The Permanente Medical Group (TPMG) suspended and terminated the employment of a physician on January 6, 1997, after…