Haas

The Board of Supervisors of County of San Bernardino and the County of San Bernardino (referred to collectively as the County) appeal from the judgment of the superior court granting a peremptory writ of mandamus in favor of Theodore L. Haas (Haas). The writ set aside the County's revocation of Haas's massage clinic license on the grounds the County's unilateral selection, retention, and payment of the hearing officer violated Haas's due process rights to a fair hearing conducted by an impartial hearing officer.

The County contends that the trial court erred in issuing the writ of mandamus because selection of the hearing officer was in compliance with County Code hearing officer selection procedures, and there was no direct evidence the hearing officer was biased. We conclude the County Code, in effect, permitted unrestricted choice of hearing officers. Even though the County's selection of the hearing officer was in conformity with the County Code, we nevertheless conclude the manner of selection of the hearing officer violated Haas's due process right to an impartial hearing officer. A showing of actual bias was not required because a reasonable person would doubt…