Poliak

This appeal involves the revocation of plaintiff Diane S. Poliak’s license to practice psychology. After a hearing, an administrative law judge (ALJ) determined cause for discipline existed because plaintiff had been grossly negligent in the practice of her profession and had had sexual relations with a patient. (Bus. & Prof. Code, §§ 726, 2960, subds. (j), (o).) In his proposed decision, the ALJ recommended a stayed revocation of plaintiff’s license and three years of probation under specified terms and conditions.

The Board of Psychology (the Board) decided not to adopt the ALJ’s proposed decision. After further briefing and argument, the Board issued a decision that reiterated many of the ALJ’s findings but concluded that plaintiff’s license should be revoked.

Plaintiff appeals from the subsequent denial of her petition for writ of administrative mandamus. She contends that pursuant to Government Code section 11517, subdivision (d), the ALJ’s proposed decision must have been deemed to have been adopted because the Board failed to “commence proceedings to decide the case" within 100 days of receiving the ALJ’s decision. She further contends revocation of her license…