Marquez

“Close enough for government work” is an insulting and often unfounded stereotype which we decline to perpetuate in this case. A statute may impose on a government agency what first appears to be a technical formality, but such a requirement may serve to check delegations of power both to and by the agency, as it does here. Ignoring a statutory mandate nullifies the Legislature’s valid purposes and results in tangible harm. If a statute requires an agency to dot its “i’s” and cross its “t’s,” the Legislature’s will must be done.

Despite a statute requiring it to do so, defendant Medical Board of California (the Board) has never established by resolution the passing score required for the examination used to license people to practice medicine in California. Plaintiff Yvette Marquez took the last part of the examination in May 2008 and was notified she had failed based on the passing score recommended by the national board that administers the examination. She filed a petition for writ of mandate seeking an order to compel the Board to comply with the statute, deem her to have passed, and issue her a license. The trial court denied the petition.

We reverse. Plaintiff is…