Baughman v. Medical Board

California Court of Appeal Oct 23, 1995 No. B075018Published

Before: Vogel (c.S.)

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Holding. The court held that service of an administrative accusation by certified mail to a licensee's address of record, as required by Government Code section 11505, satisfies due process requirements even if the licensee does not receive actual notice.

Issues

Whether service of an administrative accusation by certified mail to the address on file with the Medical Board satisfies statutory requirements.
Whether Government Code section 11505 violates due process by not requiring actual notice to the licensee.

Disposition. affirmed

Quotations verified verbatim against the opinion

“the uncontradicted evidence shows the board served the accusation by certified mail at the address on file with the board, which fully complies with the method of service authorized by Government Code section 11505, subdivision (c).”

“Due process of law does not require actual notice, but only a method reasonably certain to accomplish that end.”

“the fact that Baughman “did not personally receive the accusation” does not establish lack of due process.”

Opinion

VOGEL (C. S.), Acting P. J.

By administrative decision real party in interest Medical Board of California revoked the medical license of appellant John A. Baughman, M.D., following the filing and serving of an accusation of misconduct which Baughman failed to answer. After receiving notice of the decision revoking his license, Baughman filed the instant action, in the nature of a petition for writ of administrative mandamus, to set aside the board’s decision on the ground Baughman was not properly served with the accusation, and thereby was deprived of due process notice and opportunity to defend. Upon reviewing declarations and documentary evidence, the trial court denied Baughman’s petition, finding that the accusation

[400]

was served on Baughman in conformance with the applicable statute, Government Code section 11505, subdivision (c), by certified mail at Baughman’s mailing address on file with the board. We affirm.

Background

Real party in interest Medical Board of California, Division of Medical Quality, California Department of Consumer Affairs, is responsible for regulating and disciplining physicians, and may suspend or revoke the license of a licensee whose default has been entered and who has been found guilty of misconduct. (Bus. & Prof. Code, §§ 2001, 2002, 2004, 2220, 2227.)

By regulation, the board requires that “Each person holding a certificate, license, permit or any other authority issued under the Medical Practice Act shall file his or her proper and current mailing address with the division in its principal office, and shall immediately notify the division at its office of any and all changes of mailing address, giving both the old and new address.” (Cal. Code Regs., tit. 16, § 1303.)

Government Code section 11505 provides the method for service of an accusation in administrative hearings such as the board’s. Subdivision (a) states that “upon the filing of the accusation the agency shall serve a copy thereof on the respondent as provided in subdivision (c).” Subdivision (c) provides, “The accusation and all accompanying information may be sent to respondent by any means selected by the agency. But no order adversely affecting the rights of the respondent shall be made by the agency in any case unless the respondent shall have been served personally

Baughman v. Medical Board

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