What is the effect of a finding of insufficient evidence to grant relief in a case where one of the charges of misconduct was reversed by the trial court?
California, United States of America
The following excerpt is from Byrd v. Savage, 219 Cal.App.2d 396, 32 Cal.Rptr. 881 (Cal. App. 1963):
One question remains, although it has not been discussed in the briefs. As a general rule, where one of several charges of misconduct is reversed by the trial court, the case should be remanded to the administrative agency to reconsider the penalty. (Bonham v. McConnell, 45 Cal.2d 304, 288 P.2d 502.) Here, although the trial court found insufficient evidence to support one of the charges, all relief was denied.
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