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 Embalmer License Defense Attorney

California Cemetery and Funeral Bureau License Defense Lawyer

The California Cemetery and Funeral Bureau, known as the CFB, Licenses approximately 2,500 Embalmers in the State of California. Most California Embalmers have minimal or no contact with the enforcement arm of the California Cemetery and Funeral Bureau. For Embalmers who become part of the California Cemetery and Funeral Bureau’ disciplinary process, the consequences are profound. The Embalmer License disciplinary process is complex, procedural and time consuming. Embalmers facing the California Cemetery and Funeral Bureau disciplinary process should seek legal representation from an experienced California Embalmer 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 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 Embalmers. 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 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 an Embalmer facing a California Cemetery and Funeral Bureau investigation, contact a California Embalmer License Defense Attorney for representation.

California Embalmer License Accusation Defense Attorney

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

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

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

California Embalmer 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 an Embalmer 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 Embalmer 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 Embalmers facing a California Cemetery and Funeral Bureau Administrative Law Hearing need effective representation from a California Embalmer License Defense Lawyer.

California Embalmer License and Criminal Convictions

The California Cemetery and Funeral Bureau can discipline Embalmers for criminal convictions. California Cemetery and Funeral Bureau discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of an Embalmer. Common criminal offenses that can cause Embalmer 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 Embalmers in the course and scope of their practice. Criminal investigations often involve Embalmers engaged in Fraud and Theft. In serious criminal cases against Embalmers 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 Embalmer. A California Penal Code § 23 Order seeks to suspend an Embalmer License in Criminal Court.

Embalmers facing criminal charges and Embalmers who are convicted of criminal offenses need an experienced California Embalmer License Defense Attorney for representation in disciplinary proceedings before the California Cemetery and Funeral Bureau.

California Embalmer License Statement of Issues Attorney

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

California Embalmer Petition for Reinstatement Lawyer

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