Bonnell

We address in this case the proper interpretation of Government Code section 11521, subdivision (a) (hereafter section 11521(a)) concerning the length of time a state administrative agency can stay its decision in order to review a petition for reconsideration once the petition has been filed. In this case, the Medical Board of California issued a 28-day stay to review an already filed petition. The trial court held that section 11521(a) allows a maximum 10-day stay. The Court of Appeal reversed. We reverse the judgment of the Court of Appeal.

Factual and Procedural Background

The Attorney General, representing the Medical Board of California (the Board), filed charges of gross negligence, repeated negligent acts, and incompetence against Dr. Harry Bonnell in connection with two autopsies he performed while serving as chief deputy medical examiner for San Diego County. A hearing was held before an administrative law judge (ALT) who recommended that the Board’s accusations be dismissed. The Board adopted the ALJ’s decision on July 12, 2000, ordering that it take effect at 5:00 p.m. on August 11, 2000.

On August 9, 2000, two days before the effective date of the…