Williams v. Medical Bd. of Cal. CA2/1

Filed 6/29/15 Williams v. Medical Bd. of Cal. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

TOMMIE L. WILLIAMS, JR., B254437

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BS141422) v.

MEDICAL BOARD OF CALIFORNIA PHYSICIAN ASSISTANT BOARD,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert H. O’Brien, Judge. Affirmed. ______ Tommie L. Williams Jr., in pro per., Plaintiff and Appellant. Kamala D. Harris, Attorney General, Gloria L. Castro, Assistant Attorney General, Robert McKim Bell and Colleen M. McGurrin, Deputy Attorneys General, for Defendant and Respondent.

______

Plaintiff and appellant Tommie Williams was a licensed physician assistant. In 2007, he was convicted of crimes arising out of a conspiracy to defraud Medicare. Thereafter, in January 2013, defendant and respondent Physician Assistant Committee of the Medical Board of California (the Board) revoked Williams’s license because his crimes constituted unprofessional conduct under the Physician Assistant Practice Act. (Bus. & Prof. Code, §§ 490, 2234, 2236, 3527, 3531.) In May 2013, Williams filed a petition for administrative mandamus in the Superior Court. He challenged the Board’s 1997 revocation of his license on the ground that he was never served with the accusation. He also claimed that two of the five members of the Board that revoked his license in 2013 should have been disqualified, and that the Board breached a duty to him by failing, from 2001 to 2005, to accurately report his license status on its website. The court denied the petition. We affirm. FACTUAL AND PROCEDURAL SUMMARY 1. 1997 Revocation of Williams’s Physician Assistant License and 2000 Reinstatement In 1983 the Board issued a Physician Assistant License to Williams. In March 1996, the executive officer of the Board filed an accusation seeking the revocation or suspension of Williams’s license based on Williams (1) making threats to employees of Los Angeles County - USC Medical Center (LAC-USC); and (2) using cocaine in a manner dangerous to himself and to the public. The accusation was served by certified mail, return receipt requested. The Board received a return receipt ostensibly signed by Williams. Williams did not respond to the accusation or appear at a hearing on the matter. In August 1997, the Board issued a “default decision” in which it found that the accusation had been properly served, Williams had not filed a response to the accusation, and the allegations were true. The Board revoked Williams’s license, effective September 4, 1997, and ordered him to pay $2,651.21 in costs. No later than 1998,Williams learned that his license had been revoked. He never moved to vacate or reconsider that revocation before the Board. Instead, he petitioned