Board of Medical Quality Assurance v. Superior Court

This original proceeding in mandate presents two novel issues of law for determination.

The first issue is whether an indigent physician seeking judicial review pursuant to Code of Civil Procedure section 1094.5 1 of an administrative decision revoking his professional license may obtain a waiver of costs for *695 preparation of the administrative hearing transcripts if he qualifies for in forma pauperis status under California Rules of Court, rule 985(b).

The second issue is whether an ex parte order granting a waiver of court fees and costs, listed under California Rules of Court, rule 985(i), constitutes a binding factual determination of in forma pauperis status in the action that may not be reconsidered by a second judge when determining a later application for waiver of other costs under rule 985(j).

We determine that Code of Civil Procedure section 1094.5 permits an administrative mandamus petitioner to obtain a waiver of the cost of administrative hearing transcripts upon a showing of in forma pauperis eligibility. We also conclude that an initial determination of indigency on an ex parte application for waiver of court fees and costs under California Rules of…