Marlow v. Orange County Human Services Agency

Opinion

McDANIEL, J.

The petitioner (Marlow) was accused by the Orange County Human Services Agency (agency) of violating one of the rules of the Methadone Maintenance Program. After a hearing of such accusation, Marlow was dismissed from the program. He sought a writ of mandate on the ground that the hearing was conducted improperly because, despite Marlow’s objection, the witnesses had not testified under oath. The trial court viewed this as error and issued a peremptory writ of mandate requiring the agency to hold another hearing at which the witnesses would be sworn. The agency appealed…