Stuck v. Board of Medical Examiners

In Stuck v. Board of Medical Examiners (1949) 94 Cal. App. 2d 751, the licensee had not raised the issue of the board's subject matter jurisdiction during the administrative hearing. The appellate court considered the issue because an objection going to the question of subject matter jurisdiction may be raised at any time during the proceedings. (Stuck, supra, 94 Cal. App. 2d at p. 755.) On the merits, however, the court decided that the board did have jurisdiction over the subject matter (revocation of the doctor's license) by virtue of the provisions of the Business and Profession Code. The court noted that Dr. Stuck had submitted himself to the jurisdiction of the board, "which is permitted if the forum has jurisdiction of the subject matter." (Id. at p. 756.)