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Professional Licensing Defense
- California Licensing Agencies:
- Board of Behavioral Sciences
- Board of Chiropractic Examiners
- Dental Board
- Department of Health Services
- Medical Board (includes Board of Podiatric Medicine and Osteopathic Medicine)
- Board of Optometry
- Board of Pharmacy
- Physical Therapy Board
- Board of Psychology
- Board of Registered Nursing
- Board of Accountants
- Department of Alcoholic Beverage Control (ABC)
- Department of Social Services
- Bureau of Automotive Repair
- Department of Corporations
- Department of Insurance
- Department of Real Estate
- Disciplinary Actions May Arise From:
- Customer complaints
- Undercover investigations
- Civil judgments
- Criminal convictions
- Process:
- Investigation by the licensing agency may or may not include communication with the Licensee.
- Report is then submitted to the agency’s Legal Counsel.
- If agency seeks discipline against an existing license, agency will file an Accusation document.
- If agency seeks to deny a new license application, agency will file a Statement of Issues.
- Accusation or Statement of Issues will be accompanied by a statement to respondent and a blank Notice of Defense Form.
- If licensee returns the completed Notice of Defense within 15 Days, he or she will be entitled to a hearing.
- Agency receives notice of defense and notifies the Office of Administrative Hearings (OAH).
- Administrative Hearings:
- Offices in Sacramento, Oakland, Los Angeles, and San Diego
- Administrative Law Judges preside over cases
- Process:
- Pre-Hearing
- Optional Settlement Conferences
- Hearing
- Evidence at Hearing:
- Witness testimony (may include Licensee)
- Documents
- Hearsay is permitted
- Judge’s Decision:
- Within 30 Days Judge will submit findings of fact & Proposed Decision to the agency.
- Agency has 30 Days to adopt or reject Judge’s Proposed Decision.
- If agency rejects Proposed Decision, the agency will review the transcripts of testimony by witnesses and documents and make its own decision
- Appeal:
- Licensee may appeal agency’s decision by filing a Writ of Administrative Mandamus to the Superior Court of CA.
- Time for Appeal varies but can be 30 days.
- Disciplinary Actions may include:
- License suspensions
- License revocations
- Probation
- Public reprimand
- Open to the Public:
- Many agencies will publicize the Disciplinary Action (ie: suspension, revocation, etc.) taken against the licensees on their websites
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