15260 Ventura Blvd. Suite 1200 Sherman Oaks, Los Angeles, CA 91403 | (818) 570-0836 | (510) 852-9296
sweinsteinlaw@gmail.com

California Professional License Defense Attorney

We defend licensed professionals in California

California Cosmetologist License Defense Attorney

California Board of Barbering and Cosmetology License Defense Lawyer

The California Board of Barbering and Cosmetology, known as the BBC, Licenses approximately 300,000 Cosmetologists in the State of California. Most California Cosmetologists have minimal or no contact with the enforcement arm of the California Board of Barbering and Cosmetology. For Cosmetologists who become part of the California Board of Barbering and Cosmetology’ disciplinary process, the consequences are profound. The Cosmetologist License disciplinary process is complex, procedural and time consuming. Cosmetologists facing the California Board of Barbering and Cosmetology disciplinary process should seek legal representation from an experienced California Cosmetologist License Defense Attorney.

California Board of Barbering and Cosmetology Investigation Defense Lawyer

The majority of California Board of Barbering and Cosmetology investigations begin with the filing of a consumer Complaint. However, California Board of Barbering and Cosmetology Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Barbering and Cosmetology 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 Cosmetologists. 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 Board of Barbering and Cosmetology disciplinary process. At the conclusion of a California Board of Barbering and Cosmetology investigation, the Bureau has several options. The Bureau can choose to close the Complaint. The Bureau can choose to issue a Citation. The Bureau 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 Bureau may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Cosmetologist facing a California Board of Barbering and Cosmetology investigation, contact a California Cosmetologist License Defense Attorney for representation.

California Cosmetologist License Accusation Defense Attorney

A formal Accusation served on a California Cosmetologist serves as notice to a Cosmetologist that the Bureau intends to revoke the Cosmetologist License. The Cosmetologist, 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 Cosmetologist. A Default will result in the immediate Revocation of the Cosmetologist License.

An Accusation is a serious matter that can result in the suspension or revocation of a Cosmetologist License in California. In many cases, it is possible for Cosmetologists to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Barbering and Cosmetology. 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).

Cosmetologists facing a California Board of Barbering and Cosmetology Accusation should contact an experienced California Cosmetologist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Cosmetologists include:

  • Aiding and Abetting Unlicensed Cosmetologist Activity
  • Continued Practice by a Person Knowingly Having an Infectious or Contagious Disease
  • Dangerous Use of Alcohol
  • Dangerous Use of a Controlled Substance
  • Deceptive or False Advertising
  • Illegal Use of X-Ray Appliance
  • Failure to Display Health and Safety Rules
  • Gross Negligence
  • Health Code Violations
  • Incompetence
  • Permitting a License to Operate Where the Licensee is Not Actively Engaged in the Business
  • Repeated Negligent Acts
  • Refusal to Permit a Board Inspection
  • Unprofessional Conduct
  • Use of a Laser Device

California Cosmetologist 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 Board of Barbering and Cosmetology can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Barbering and Cosmetology’ 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 a Cosmetologist 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 Cosmetologist 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 Cosmetologists facing a California Board of Barbering and Cosmetology Administrative Law Hearing need effective representation from a California Cosmetologist License Defense Lawyer.

California Cosmetologist License and Criminal Convictions

The California Board of Barbering and Cosmetology can discipline Cosmetologists for criminal convictions. California Board of Barbering and Cosmetology discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Cosmetologist. Common criminal offenses that can cause Cosmetologist 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 Board of Barbering and Cosmetology and other law enforcement agencies also investigate criminal conduct by Cosmetologists in the course and scope of their practice. Criminal investigations often involve Cosmetologists engaged in the Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Cosmetologists pending in Criminal Court, the California Board of Barbering and Cosmetology and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Cosmetologist. A California Penal Code § 23 Order seeks to suspend a Cosmetologist License in Criminal Court.

Cosmetologists facing criminal charges and Cosmetologists who are convicted of criminal offenses need an experienced California Cosmetologist License Defense Attorney for representation in disciplinary proceedings before the California Board of Barbering and Cosmetology.

California Cosmetologist License Statement of Issues Attorney

The California Board of Barbering and Cosmetology thoroughly investigates all applicants for Cosmetologist Licenses. The California Board of Barbering and Cosmetology may deny a California Cosmetologist License to Cosmetologist students and Cosmetologists from other states and countries. Most California Cosmetologist License denials occur due to criminal convictions, financial problems or misstatements on the Cosmetologist 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 a Cosmetologist License should contact a California Cosmetologist License Denial Lawyer for representation in a California Board of Barbering and Cosmetology Statement of Issues Hearing.

California Cosmetologist Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Cosmetologists who have received a Cosmetologist 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 Cosmetologist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Barbering and Cosmetology. A successful Cosmetologist License Petition for Reinstatement requires representation by an experienced California Cosmetologist License Defense Attorney.