Sommerfield

Retired police officers, pursuant to Penal Code section 12027.1, may apply for authorization to carry a concealed firearm. Following a hearing, appellant Dwight Helmick, Jr., Deputy Commissioner of the Department of California Highway Patrol (Department) denied respondent Craig Sommerfield’s request for certification to carry a concealed firearm. Sommerfield filed a petition for a writ of mandate in superior court, arguing the Department’s hearing process denied him due process by denying him right to counsel, the right to call and cross-examine witnesses, and the right to present evidence other than his own testimony. The trial court granted Sommerfield’s petition, directing the Department to set aside the hearing board’s decision and remanding the matter for an arbitration proceeding. The Department appeals, arguing section 12027.1 does not provide for arbitration, but does provide for a limited hearing. According to the Department, the trial court erred in imposing its own evidentiary requirements on the statute’s hearing procedure. We agree and shall reverse the judgment.

Factual and Procedural Background

Sommerfield worked for the Department as a state traffic…