Arnett

In this appeal we must determine whether a licensed physician who is incarcerated in another state for felony offenses has an absolute right to be present at an administrative hearing against his California license, such that the administrative hearing must be continued indefinitely. We agree with the trial court that the physician does not have an absolute right to be present and shall affirm the judgment granting a peremptory writ of mandate. However, we agree with the physician that the judgment in this case is too broad and hence shall modify the judgment.

Factual and Procedural Background

Real party in interest Mark M. Kitzman obtained a physician’s and surgeon’s certificate to practice medicine in this state in 1976. In May 1992, while practicing in Oregon, Kitzman was charged by indictment with multiple counts of sexual offenses committed against children. In June 1992 the Board of Medical Examiners of the State of Oregon issued an order immediately suspending his license to practice medicine in Oregon. The order was based upon evidence in possession of that agency that Kitzman had sexually abused minor children, including his minor patients. Kitzman was…