Ventimiglia

Gary Vincent Ventimiglia appeals from an order denying his petition for an administrative writ of mandate to overturn a decision by California’s Board of Behavioral Sciences (the Board) revoking his license as a marriage and family therapist because he engaged in sexual contact with a client. He contends the Board was required by the Administrative Procedure Act (Gov. Code, § 11340 et seq.; APA) to allow written or oral argument after this court affirmed a superior court order granting his earlier petition for writ of mandate on the ground that the Board did not recognize it had discretion to stay the penalty of revocation.

We conclude that Government Code section 11517, subdivision (c)(2)(E)(ii) of the APA applies on remand and that the Board failed to allow argument as required by that statute. The Board therefore abused its discretion because it failed to proceed in the manner required by law, a ground for relief under Code of Civil Procedure section 1094.5. The trial court erred in denying the petition for writ of administrative mandate on this ground. In light of this conclusion, we do not reach Ventimiglia’s alternative arguments that he was deprived of due process…