California, United States of America
The following excerpt is from Gillis v. Dental Bd. of California, A131445 (Cal. App. 2012):
Because the right to practice one's profession is a fundamental vested right, if an administrative agency revokes a person's professional license, a trial court must apply its independent judgment when reviewing the agency's decision on a petition for writ of mandate. (Sandarg v. Dental Bd. of California (2010) 184 Cal.App.4th 1434, 1440.)
" ' " 'Under the independent judgment rule, the trial court must weigh the evidence and make its own determination as to whether the administrative findings should be sustained. When an appeal is taken from the trial court's determination, it is given the same effect as any other judgment after trial rendered by the court: the only question is whether the trial court's (not the administrative agency's) findings are supported by substantial evidence. [Citation.] Conflicts in the evidence must be resolved in favor of the judgment and where two or more inferences can be reasonably drawn from the facts, the reviewing court must accept the inferences deduced by the trial court.' [Citation.] However, '. . . the trial court's legal conclusions are open to our examination to determine if errors of law were committed.' [Citation.]" ' " (Sandarg v. Dental Bd. of California, supra, 184 Cal.App.4th at p. 1440, italics omitted.)
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