Silva

Petitioner Enriqueta Silva, M.D., seeks a writ of mandate directing respondent superior court to set aside its order denying her petition for writ of administrative mandamus. The real party in interest, the Medicial Board of California (Board), obtained an administrative interim order suspending Silva’s medical license, pursuant to Government Code section 11529.

Although Silva asserts numerous challenges to the administrative action, the primary issue raised by this petition is the correct standard of proof to be applied in a proceeding brought under section 11529. The administrative law judge (ALJ) hearing the cause applied a preponderance of the evidence standard. We shall conclude the appropriate standard is by clear and convincing evidence to a reasonable certainty. We shall therefore issue a writ directing the trial court to stay the suspension order.

I

Facts and Procedural History

Silva is a licensed physician in the State of California. In January 1991, Silva signed a “stipulated settlement decision and order,” which settled an accusation filed against her by the Board. Pursuant to that order, Silva agreed that her license would be revoked, but the revocation…