Homan v. Board of Dental Examiners

SEAWELL, J.

The license of petitioner, Dr. W. W. Homan, a duly licensed dentist under the laws of this state and engaged in the practice of dentistry in the city and county of San Francisco during the year 1924, was, on December 4, 1925, by an order made by the Board of Dental Examiners of this state, revoked. The revocation was placed upon the ground that petitioner was “guilty of the acts charged in the' accusation.” The accusation was sworn to by W. B. Luckenback, and charged the petitioner with “unprofessional conduct” as the same is defined in section 12 of the act regulating the practice of dentistry in this state, specifying as the basis of said charge the following facts: “That on or about the 26th day of September, 1924, said W. W. Homan did in writing barter for the license of one Frank J. Ryan of Chicago, Illinois, said license to be used by Homan for the purpose of protecting an illegal practitioner in his office, or, in other words, to be used as evidence of the holder’s qualification to practice dentistry; that by said acts and conduct of W. W. Homan, as herein set out, said W. W. Homan did barter for the license of F. J. Ryan, a legal practitioner; that all the acts as above set out are contrary to the provisions of said Dental Law.” Upon the foregoing accusations the accused was cited to appear before the Board of Dental Examiners and answer said accusations. The citation referred to the accusations as “charging the said W. W. Homan with unprofessional conduct as the same is specified in section 12, subdivision-, thereof, of the Dental Law of said state, which said accusation sets forth the facts supporting said charge; and, whereas said verified accusation has been presented to this Board for its consideration, which this Board deems sufficient, . . . the said W. W. Homan is required to appear

[595]

and answer the said accusation,” etc. The petitioner appeared at the time appointed by the Board of Dental Examiners, was informed of his right to counsel and replied that he did not desire the aid of counsel, whereupon witnesses were sworn and testified and documentary evidence was received in the proceeding and the Board, upon a consideration of the evidence, found the accused “guilty of the acts charged in the accusation,” whereupon it made the order revoking the license of petitioner to practice dentistry in this state.

A writ of review was granted by the superior court of the city and county of San Francisco upon the application of petitioner, and upon a hearing said court gave judgment affirming the proceedings below. Upon an appeal taken from said judgment to the district court of appeal the judgment of the trial court was reversed, with a direction to said trial court to enter a judgment granting the writ as prayed for.