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California Audiologist License Defense Attorney

California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board License Defense Lawyer

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board, known as the Audiology Board, licenses approximately 1,500 Audiologists in the State of California. Most California Audiologists have minimal or no contact with the enforcement arm of the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board. For Audiologists who become part of the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board’s disciplinary process, the consequences are profound. The Audiologist License disciplinary process is complex, procedural and time consuming. Audiologists facing the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board disciplinary process should seek legal representation from an experienced California Audiologist License Defense Attorney.

California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Investigation Defense Lawyer

The majority of California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board investigations begin with the filing of a consumer Complaint. However, California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Audiologists. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

It is important to have an attorney that understands the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board disciplinary process. At the conclusion of a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution.

If you are an Audiologist facing a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board investigation, contact a California Audiologist License Defense Attorney for representation.

California Audiologist License Accusation Defense Attorney

A formal Accusation served on a California Audiologist serves as notice to an Audiologist that the Board intends to revoke the Audiologist License. The Audiologist, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the Audiologist. A Default will result in the immediate Revocation of the Audiologist License.

An Accusation is a serious matter that can result in the suspension or revocation of an Audiologist License in California. In many cases, it is possible for Audiologists to reach a Stipulated Agreement with the Attorney General’s Office and California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH).

Audiologists facing a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Accusation should contact an experienced California Audiologist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Audiologists include:

  • Aiding and Abetting Unlicensed Audiology Activity
  • Audiology Aides Violation
  • Committing a Dishonest or Fraudulent Act
  • Corrupt or Abusive Act Against a Patient
  • Improper Advertising
  • Incompetence
  • Negligence
  • Sexual Misconduct
  • Unprofessional Conduct
  • Use of Alcoholic Beverages in a Dangerous Manner
  • Use of Any Dangerous Drugs in a Dangerous Manner
  • Use or Administering to Oneself Any Controlled Substance
  • Violation of Required Professional Experience

California Audiologist License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board’s action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows an Audiologist to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the Audiologist can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order.

California Audiologists facing a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Administrative Law Hearing need effective representation from a California Audiologist License Defense Lawyer.

California Audiologist License and Criminal Convictions

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board can discipline Audiologists for criminal convictions. California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Audiologist. Common criminal offenses that can cause Audiologist License discipline are:

  • Altering or Forging a Prescription
  • Assault With a Deadly Weapon
  • Battery
  • Brandishing a Firearm
  • Burglary
  • Carrying a Concealed Weapon
  • Child Abuse
  • Child Endangerment
  • Diverting a Controlled Substance
  • Domestic Violence
  • DUI
  • Elder Abuse
  • False Imprisonment
  • Forgery
  • Fraud
  • Hit & Run
  • Identity Theft
  • Insurance Fraud
  • Medicare Fraud
  • Mortgage Fraud
  • Possession for Sale of a Controlled Substance
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Theft
  • Trespass
  • Vandalism
  • Vehicular Manslaughter

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board and other law enforcement agencies also investigate criminal conduct by Audiologists in the course and scope of their practice. Criminal investigations often involve Audiologists engaged in Insurance Fraud and Theft. In serious criminal cases against Audiologists pending in Criminal Court, the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Audiologist. A California Penal Code § 23 Order seeks to suspend an Audiologist License in Criminal Court. Audiologists facing criminal charges and Audiologists who are convicted of criminal offenses need an experienced California Audiologist License Defense Attorney for representation in disciplinary proceedings before the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board.

California Audiologist License Statement of Issues Attorney

The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board thoroughly investigates all applicants for Audiologist Licenses. The California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board may deny a California Audiologist License to Audiologist students and Audiologists from other states and countries. Most California Audiologist License denials occur due to criminal convictions, financial problems or misstatements on the Audiologist License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied an Audiologist License should contact a California Audiologist License Denial Lawyer for representation in a California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board Statement of Issues Hearing.

California Audiologist Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Audiologists who have received an Audiologist License Revocation to reinstate their License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Audiologist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Speech Language Pathology and Audiology and Hearing Aid Dispensers Board. A successful Audiologist License Petition for Reinstatement requires representation by an experienced California Audiologist License Defense Attorney.