Davis Test Only Smog Testing v. Department of Consumer Affairs, Bureau of Automotive Repair
C.A. 3rd; C079354 The Third Appellate District affirmed a judgment. In the published portion of its opinion, the court held that a plaintiff’s…
October 02, 2017 at 06:35 PM
2 minute read
C.A. 3rd;
C079354
The Third Appellate District affirmed a judgment. In the published portion of its opinion, the court held that a plaintiff's election to be represented at an administrative hearing by a non-attorney did not render the administrative decision void.
The Department of Consumer Affairs, Bureau of Automotive Repair, issued citations to Davis Test Only Smog Testing, doing business as Citrus Heights Star Smog, and its technician, Marc Madison, after Madison passed an unpassable vehicle brought to him for a smog inspection. Star Smog and Madison appealed the citations, and the case was heard by an administrative law judge. At the hearing, Star Smog, a corporation, was represented by Daniel McGarry, its former secretary/treasurer, not an attorney. Madison personally appeared. The administrative law judge upheld the citations, and the Bureau adopted that decision. Star Smog and Madison filed a petition for writ of administrative mandamus challenging the administrative ruling. The trial court denied the petition.
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