Jahangiri

Appellant Mansour Jahangiri, M.D., appeals from the denial of his petition for a writ of administrative mandamus following the revocation of his medical license by respondent Medical Board of California. In this case we are asked to determine whether, under Government Code section 11523, payment for transcript preparation must occur at the same time the request to prepare the record is submitted to the Office of Administrative Hearings (OAH) in order for the clause extending the statute of limitations contained within that section to apply. We conclude that payment need not be simultaneous, and we reverse.

Contentions

Appellant urges that (1) the trial court erred by denying the petition as untimely filed, (2) he was persistent in his attempt to secure a timely transcript, and (3) respondent’s decision was erroneous.

Facts and Procedural Background

The factual recitation will be brief since only the procedural facts are necessary to the disposition of this matter.

On August 31, 1989, an accusation alleging that appellant had violated Business and Professions Code sections 2234, subdivision (b), 2234, subdivision (e), 2252, 2253, 2264; and Health and Safety Code…