Jones v. Superior Court

Opinion

GARDNER, P. J.

In this case we hold that the 1966 constitutional revision which repealed article IV, section 25a of the California Constitution and enacted article IV, section 19, subdivision (b) in its place did not change the status of the California Horse Racing Board as a board of constitutional origin for purposes of administrative mandamus review.

After an administrative hearing, the California Horse Racing Board suspended the horse trainer’s license of petitioner for six months for (1) administering a proscribed drug to a horse under his jurisdiction, and (2) for having a proscribed drug in his possession. Petitioner filed a petition for writ of mandate under Code of Civil Procedure section 1094.5. The court denied the petition. This appeal followed.

Discussion

Petitioner first contends that the trial court erroneously applied the substantial evidence test to these proceedings. Specifically, he alleges that even though article IV, section 25a was judicially interpreted to give the board constitutional standing, the 1966 amendment relegated the board to an entity having only legislative origin. If the board is of legislative origin, the independent judgment standard would apply. If it is of constitutional origin, the substantial evidence standard would ap

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ply. We conclude the trial court properly applied the substantial evidence test in reviewing its proceedings.

Much of the current uncertainty over the status of the board stems from its hybrid roots. The Legislature enacted the Horse Racing Act (Stats. 1933, ch. 769, p. 2046; Deering’s Gen. Laws, 1933 Supp.Act. 3420, later codified as Bus. & Prof. Code § 19400 et seq.) which purported to create the board in 1933. However, section 19 of the legislative act provided that the legislation itself would not take effect until a constitutional amendment ratifying the act was ádopted. Several months later in 1933, article IV, section 25a of the Constitution was adopted. This provided for the Legislature to regulate horse racing. The language of the section is as follows: “The Legislature may provide for the regulation of horse races and horse race meetings and wagering on the results thereof. The provisions of an act entitled ‘An act to provide for the regulation and licensing of horse racing, horse racing meetings, and the wagering on the results thereof: to create the California Horse Racing Board for the regulation, licensing and supervision of said horse racing and wagering thereon; to provide penalties for the violation of the provisions of this act, and to provide that this act shall take effect upon the adoption of a constitutional amendment ratifying its provisions,’ are hereby confirmed, ratified, and declared to be fully and completely effective;