Frankel

Gerard Frankel, D.D.S., appeals from the judgment denying his petition for a writ of mandamus to require the Board of Dental Examiners to set aside a disciplinary order which is based upon his assent to the settlement of an accusation filed against him by its executive director, Georgetta Coleman, and to allow him to proceed with a contested hearing on the matter.

The “Stipulation for Settlement” was executed by Frankel and his attorney, and by counsel for Coleman. In it, Frankel expressly gave up his right to a contested hearing on the accusation, admitted allegations that subjected his license to discipline, and agreed he would not engage in the practice of dentistry for 30 days and would subject himself to being placed on probation for 5 years under other conditions. In exchange, Coleman agreed to cancel the scheduled three-day hearing and forgo her authority to proceed on the accusation to obtain stronger findings and a harsher disciplinary order against Frankel. The settlement agreement specifies that, “[s]hould the Board of Dental Examiners, for any reason, fail or refuse to adopt this stipulation, it shall be of no force or effect as to either party.”

Three…