California Professional License Defense Attorney

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California Landscape Architect License Defense Attorney

California Landscape Architects Technical Committee License Defense Lawyer

The California Landscape Architects Technical Committee, known as the LATC, licenses approximately 4,000 Landscape Architects in the State of California. Most California Landscape Architects have minimal or no contact with the enforcement arm of the California Landscape Architects Technical Committee. For Landscape Architects who become part of the California Landscape Architects Technical Committee’ disciplinary process, the consequences are profound. The Landscape Architect License disciplinary process is complex, procedural and time consuming. Landscape Architects facing the California Landscape Architects Technical Committee disciplinary process should seek legal representation from an experienced California Landscape Architect License Defense Attorney.

California Landscape Architects Technical Committee Investigation Defense Lawyer

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

If you are a Landscape Architect facing a California Landscape Architects Technical Committee investigation, contact a California Landscape Architect License Defense Attorney for representation.

California Landscape Architect License Accusation Defense Attorney

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

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

Landscape Architects facing a California Landscape Architects Technical Committee Accusation should contact an experienced California Landscape Architect License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Landscape Architects include:

  • Aiding and Abetting Unlicensed Landscape Architect Activity
  • Conflict of Interest
  • Copyright Infringement
  • Discrimination by Licensee
  • Dishonesty or Fraud
  • Failure to Provide Full Disclosure
  • Fraud or Deceit
  • Incompetence or Recklessness
  • Negligence
  • Permitting Misuse of Name
  • Signing Others Instruments of Service
  • Subversion of Licensing Examination
  • Willful Misconduct

California Landscape Architect 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 Landscape Architects Technical Committee can adopt, modify or reject the ALJ’s Proposed Decision. The California Landscape Architects Technical Committee’ 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 Landscape Architect 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 Landscape Architect 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 Landscape Architects facing a California Landscape Architects Technical Committee Administrative Law Hearing need effective representation from a California Landscape Architect License Defense Lawyer.

California Landscape Architect License and Criminal Convictions

The California Landscape Architects Technical Committee can discipline Landscape Architects for criminal convictions. California Landscape Architects Technical Committee discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Landscape Architect. Common criminal offenses that can cause Landscape Architect 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 Landscape Architects Technical Committee and other law enforcement agencies also investigate criminal conduct by Landscape Architects in the course and scope of their practice. Criminal investigations often involve Landscape Architects engaged in Construction Fraud, Mortgage Fraud, Real Estate Fraud and Trespass. In serious criminal cases against Landscape Architects pending in Criminal Court, the California Landscape Architects Technical Committee and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Landscape Architect. A California Penal Code § 23 Order seeks to suspend a Landscape Architect License in Criminal Court.

Landscape Architects facing criminal charges and Landscape Architects who are convicted of criminal offenses need an experienced California Landscape Architect License Defense Attorney for representation in disciplinary proceedings before the California Landscape Architects Technical Committee.

California Landscape Architect License Statement of Issues Attorney

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

California Landscape Architect Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Landscape Architects who have received a Landscape Architect 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 Landscape Architect License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Landscape Architects Technical Committee. A successful Landscape Architect License Petition for Reinstatement requires representation by an experienced California Landscape Architect License Defense Attorney.