Rand

Rand v. Board of Psychology

Good Law
142 Cal. Rptr. 3d 288·2012 Cal. App. LEXIS 676·206 Cal. App. 4th 565
Court of Appeal of CaliforniaMay 10, 2012No. C064475California11,542 words

Opinion

Lead Opinion

Mauro, J.

Psychologist Randy Rand filed a petition for writ of administrative mandamus challenging the authority of the Board of Psychology (Board) to discipline him for unprofessional conduct, gross negligence, violation of laws governing the practice of psychology, and dishonesty. (Bus. & Prof. Code, § 2960, subds. (i), (j), (k), (n).) 1 The trial court entered judgment denying his writ petition.

Rand contends on appeal that (1) the Board lacked jurisdiction to discipline him for his conduct as a special master because (a) he was acting in a judicial capacity and (b) he was not acting as a psychologist; (2) he was denied due process of law because (a) he was not given fair notice of prohibited conduct and (b) there was no logical nexus between the Board’s findings and unfitness to practice the profession; and (3) the Board’s factual findings do not support a determination that he was dishonest.

*569 We conclude that (1) the Board had jurisdiction to discipline Rand for his conduct as a special master because Rand was acting as a psychologist in his special master role; (2) Rand’s due process contentions fail because (a) the rules, standards and guidelines for psychology…

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