Fettgather

Fettgather v. Bd. of Psychology

Good Law
17 Cal. App. 5th 1340·226 Cal. Rptr. 3d 227
Court of Appeal of CaliforniaNovember 21, 2017C074166California3,327 words

Opinion

lead Opinion

Hull, J.

*1342 Appellant Dr. Robert P. Fettgather (Fettgather) appeals from an order of the trial court denying his petition for writ of administrative mandamus. His petition challenges the revocation of his license to practice psychology by Respondent California Board of Psychology (the Board). The trial court denied Fettgather's petition on the ground that the only relevant inquiry before the Board was whether Fettgather failed to comply with an order for an examination under Business and Professions Code section 820 ; undesignated section references will be to this code. Further, the trial court found that "[t]he evidence in the record unquestionably establishes that petitioner failed to submit to the examination that had been ordered in this case."

Fettgather appeals arguing he should be permitted to challenge the merits underlying a section 820 order before he is required to comply with that order. He also argues that revocation of his license pursuant to section 821 for his failure to undergo a section 820 examination is unlawful.

We affirm the judgment of the lower court. We hold that the Board is not required to show good cause for a section 820 order nor is a licensee entitled…

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