Arnett v. Office of Administrative Hearings

Opinion

SPARKS, J.

In this appeal we must determine whether a licensed physician who is incarcerated in another state for felony offenses has an absolute right to be present at an administrative hearing against his California license, such that the administrative hearing must be continued indefinitely. We agree with the trial court that the physician does not have an absolute right to be present and shall affirm the judgment granting a peremptory writ of mandate. However, we agree with the physician that the judgment in this case is too broad and hence shall modify the judgment.

Factual and…