Hoang
Tue Ngoc Hoang v. California State Board of Pharmacy
Opinion
Opinion
Rylaarsdam, J.
Plaintiff Tue Ngoc Hoang, a pharmacist doing business as Orange Pharmacy (Orange), appeals from a judgment denying his petition for a writ of mandate. The petition sought to overturn a decision by defendant California State Board of Pharmacy revoking plaintiff’s pharmacy license and Orange’s permit to operate a pharmacy. Plaintiff argues defendant’s decision was unduly harsh, not supported by the findings, and denied him due process. We disagree and affirm the judgment.
FACTS AND PROCEDURAL BACKGROUND
Plaintiff held a pharmacy license issued by defendant and was doing business as Orange under a permit defendant issued to it. As Orange’s pharmacist-in-charge, plaintiff was responsible for the pharmacy’s compliance with the laws and regulations concerned with the operation of the business. (Bus. & Prof. Code, § 4113, subd. (c).)
In November 2007, defendant filed an “Accusation,” seeking to discipline plaintiff. The Accusation contained five counts. Four related to alleged unlawful and improperly documented drug transfers with another pharmacy.
A fifth count alleged plaintiff had engaged in dishonest, fraudulent or deceitful conduct. The Accusation alleged that during…