Lutge v. Bd. of Professional Engineers, Land Surve
After an administrative hearing, the Board for Professional Engineers, Land Surveyors, and Geologists (the Board) took disciplinary action against Thomas H. Lutge, a civil and structural engineer. Lutge filed a petition for administrative mandamus to challenge the Board’s action, but the petition was filed late because Lutge’s lawyer mistakenly believed it was due in 120 days rather than 30 days. The trial court sustained the Board’s demurrer without leave to amend and entered judgment for the Board.
Lutge now contends (1) the 30-day limitation period of Government Code section 11523 is unconstitutionally short, and (2) his constitutional contention raises factual issues that could not be decided on demurrer. Finding no merit in defendant’s contentions, we will affirm the judgment.
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