Sandarg

INTRODUCTION

The Dental Board of California (board) revoked Scott Sandarg’s dental license after adopting a decision by an administrative law judge. Sandarg filed a petition for a writ of mandate in the superior court seeking reinstatement of his license. The superior court denied Sandarg’s petition. We affirm.

We publish a portion of this opinion in order to address an issue of first impression: What is the standard of proof for a petition to revoke a dental licentiate’s probation? We shall conclude that the standard of proof is preponderance of the evidence.

BACKGROUND

1. The Initial Revocation of Sandarg’s License and the Placement of Sandarg on Probation

Sandarg obtained a license to practice dentistry in California in 1997. Shortly after obtaining his license, Sandarg commenced a course of conduct that led to disciplinary action.

In 1999, the board filed an accusation against Sandarg for self-furnishing of a controlled substance and alteration of patient charts. In March 2000, the board and Sandarg entered into a stipulation in settlement of the accusation, which became effective as of April 17, 2000.

Under the stipulation Sandarg admitted that in violation of…