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

California Business License Defense Attorney

We defend licensed businesses in California

California Crematory License Defense Attorney

California Cemetery and Funeral Bureau License Defense Lawyer

The California Cemetery and Funeral Bureau, known as CFB, licenses Crematories in the State of California. Most California Crematories have minimal or no contact with the enforcement arm of the California Cemetery and Funeral Bureau. For Crematories who become part of the California Cemetery and Funeral Bureau’ disciplinary process, the consequences are profound. The Crematory License disciplinary process is complex, procedural and time consuming. Crematories facing the California Cemetery and Funeral Bureau disciplinary process should seek legal representation from an experienced California Crematory License Defense Attorney.

California Cemetery and Funeral Bureau Investigation Defense Lawyer

The majority of California Cemetery and Funeral Bureau investigations begin with the filing of a consumer Complaint. However, California Cemetery and Funeral Bureau Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Cemetery and Funeral Bureau employs non sworn Program Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Crematories. 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 Cemetery and Funeral Bureau disciplinary process. At the conclusion of a California Cemetery and Funeral Bureau 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 California 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 Crematory Licensee facing a California Cemetery and Funeral Bureau investigation, contact a California Cemetery and Funeral Bureau License Defense Attorney for representation.

California Crematory License Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of a Crematory License in California. In many cases, it is possible for Crematories to reach a Stipulated Agreement with the California Cemetery and Funeral Bureau. 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).

Crematories facing a California Cemetery and Funeral Bureau Accusation should contact an experienced California Crematory License Defense Attorney for representation.

California Crematory 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 Cemetery and Funeral Bureau can adopt, modify or reject the ALJ’s Proposed Decision. The California Cemetery and Funeral Bureau’ 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 Crematory 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 Crematory 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 Crematories facing a California Cemetery and Funeral Bureau Administrative Law Hearing need effective representation from a California Crematory License Defense Lawyer.

California Crematory License and Criminal Convictions

The California Cemetery and Funeral Bureau can discipline Crematory owners, corporate officers and staff members for criminal convictions. California Cemetery and Funeral Bureau discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Crematory owner, corporate officer or staff member. Common criminal offenses that can cause Crematory 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 Cemetery and Funeral Bureau and other law enforcement agencies also investigate criminal conduct by Crematory staff members in the course and scope of their trade. Criminal investigations often involve Crematory staff members engaged in Fraud and Theft. In serious criminal cases against Crematory staff members pending in Criminal Court, the California Cemetery and Funeral Bureau and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Crematories’ staff members. A California Penal Code § 23 Order seeks to suspend a Crematory License and bar staff members from facilities in Criminal Court.

Crematory owners, corporate officers, and staff members facing criminal charges and Crematories who are convicted of criminal offenses need an experienced California Crematory License Defense Attorney for representation in disciplinary proceedings before the California Cemetery and Funeral Bureau.

California Crematory License Statement of Issues Attorney

The California Cemetery and Funeral Bureau thoroughly investigates all applicants for Crematory Licenses. The California Cemetery and Funeral Bureau may deny a California Crematory License for a variety of reasons. Most California Crematory License denials occur due to criminal convictions, financial problems or misstatements on the Crematory 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 Crematory License should contact a California Crematory License Denial Lawyer for representation in a California Cemetery and Funeral Bureau Statement of Issues Hearing.

California Crematory License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Crematories who have received a Crematory 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 Crematory License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Cemetery and Funeral Bureau. A successful Crematory License Petition for Reinstatement requires representation by an experienced California Crematory License Defense Attorney.