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

California Professional License Defense Attorney

We defend licensed professionals in California

California Geologist License Defense Attorney

California Board of Professional Engineers, Land Surveyors and Geologists License Defense Lawyer

The California Board of Professional Engineers, Land Surveyors and Geologists, known as the BPELSG, licenses approximately 2,000 Geologists in the State of California. Most California Geologists have minimal or no contact with the enforcement arm of the California Board of Professional Engineers, Land Surveyors and Geologists. For Geologists who become part of the California Board of Professional Engineers, Land Surveyors and Geologists’ disciplinary process, the consequences are profound. The Geologist License disciplinary process is complex, procedural and time consuming. Geologists facing the California Board of Professional Engineers, Land Surveyors and Geologists disciplinary process should seek legal representation from an experienced California Geologist License Defense Attorney.

There are numerous categories of Geologists licensed by the California Board of Professional Engineers, Land Surveyors and Geologists. The categories of Geologists are:

California Board of Professional Engineers, Land Surveyors and Geologists Investigation Defense Lawyer

The majority of California Board of Professional Engineers, Land Surveyors and Geologists investigations begin with the filing of a consumer Complaint. However, California Board of Professional Engineers, Land Surveyors and Geologists Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Professional Engineers, Land Surveyors and Geologists 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 Geologists. 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 Professional Engineers, Land Surveyors and Geologists disciplinary process. At the conclusion of a California Board of Professional Engineers, Land Surveyors and Geologists 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 a Geologist facing a California Board of Professional Engineers, Land Surveyors and Geologists investigation, contact a California Geologist License Defense Attorney for representation.

California Geologist License Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of a Geologist License in California. In many cases, it is possible for Geologists to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Professional Engineers, Land Surveyors and Geologists. 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).

Geologists facing a California Board of Professional Engineers, Land Surveyors and Geologists Accusation should contact an experienced California Geologist License Defense Attorney for representation.

California Geologist 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 Professional Engineers, Land Surveyors and Geologists can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Professional Engineers, Land Surveyors and Geologists’ 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 Geologist 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 Geologist 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 Geologists facing a California Board of Professional Engineers, Land Surveyors and Geologists Administrative Law Hearing need effective representation from a California Geologist License Defense Lawyer.

California Geologist License and Criminal Convictions

The California Board of Professional Engineers, Land Surveyors and Geologists can discipline Geologists for criminal convictions. California Board of Professional Engineers, Land Surveyors and Geologists discipline occurs for convictions for crimes involving moral turpitude. Discipline also occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Geologist. Common criminal offenses that can cause Geologist License discipline are Domestic Violence, DUI, Forgery, Mortgage Fraud, Real Estate Fraud, Sex Crimes, Theft, Trespass and Vandalism.

The California Board of Professional Engineers, Land Surveyors and Geologists and other law enforcement agencies also investigate criminal conduct by Geologists in the course and scope of their practice. Criminal investigations often involve Geologists engaged in Forgery, Theft, Trespass and Vandalism. In serious criminal cases against Geologists pending in Criminal Court, the California Board of Professional Engineers, Land Surveyors and Geologists and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Geologist. A California Penal Code § 23 Order seeks to suspend a Geologist License in Criminal Court.

Geologists facing criminal charges and Geologists who are convicted of criminal offenses need an experienced California Geologist License Defense Attorney for representation in disciplinary proceedings before the California Board of Professional Engineers, Land Surveyors and Geologists.

California Geologist License Statement of Issues Attorney

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

California Geologist Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Geologists who have received a Geologist 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 Geologist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Professional Engineers, Land Surveyors and Geologists. A successful Geologist License Petition for Reinstatement requires representation by an experienced California Geologist License Defense Attorney.