Alford

The Department of Motor Vehicles (hereinafter Department) revoked appellant Steven Willis Alford’s vehicle salesperson’s license after he was criminally convicted of petty theft with a prior (Pen. Code, §§ 666/484) and assault (Pen. Code, § 241, subd. (a)). In an administrative mandamus proceeding in superior court, appellant contended that the revocation was unlawful and that the Department could suspend but not revoke the license. He argued that Government Code section 11517, former subdivision (b), barred the Department from revoking his license after the administrative law judge who initially heard the case recommended a less severe penalty, and thereafter the Department ultimately decided the case itself and adopted all of the administrative law judge’s proposed decision except for the administrative law judge’s proposed penalty. The superior court denied appellant’s petition for writ of administrative mandamus and entered judgment in favor of the Department, On this appeal Alford once again contends that former subdivision (b) of Government Code section 11517 barred the Department from imposing a more severe penalty than the one recommended by the administrative law…