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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Business Law
Satisfied Customers: 115441
Experience:  All corporate law, including non-profits and charitable fraternal organizations.
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The Med Bd of Calif (MBC) took action against my license, which

Resolved Question:

The Med Bd of Calif (MBC) took action against my license, which it arbitrarily made effective 12/22/08. According to GC 11523, a Writ of Mandate may be filed within 30 days of which the last day of reconsideration (LDOR) CAN be made. However, 11523 goes on to toll the statue if, the petitioner requests the administrative hearing transcripts within day 10 days of the LDOR CAN be made. (which I did well within this 10 days, on 1/14/09) The AG demurred on the grounds that I filed on 1/23/08 (2 days late), citing GC 11521(a), which states that the LDOR is either 30 days after mailing or receipt of the adopted decision OR on a date set earlier by the board. The board set this effective date to be 12/22/08, even though I received the decision only 3 or 4 days earlier.

Can anyone sort this out? There is much case law to support the extended statue of limitations, and the AG cites nothing to support his position. Much appreciated/
Submitted: 7 years ago.
Category: Business Law
Expert:  Law Educator, Esq. replied 7 years ago.
As you have already noted, Jahangiri v. Medical Bd. of California, 48 Cal.Rptr.2d 187, 40 Cal.App.4th 1657 (Cal. App. 2 Dist., 1995) is the seminal case regarding the tolling of the statute of limitations when transcript is ordered. The court was pretty clear that this meant that the statute of limitations would stop running while the transcript was ordered until it was received. The power to order reconsideration is different than the statute that specifically states the reconsideration statute of limitations will be tolled when the transcript is requested and it is the AG grasping at straws to seek to deny the appeal, but Jahangiri stands for exactly what you claim it stands for and the appeal should be allowed.

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