California Board of Optometry License Defense Lawyer
The California Board of Optometry, known as the BOO, licenses approximately 10,000 Optometrists in the State of California. Most California Optometrists have minimal or no contact with the enforcement arm of the California Board of Optometry. For Optometrists who become part of the California Board of Optometry’s disciplinary process, the consequences are profound. The Optometrist License disciplinary process is complex, procedural and time consuming. Optometrists facing the California Board of Optometry disciplinary process should seek legal representation from an experienced California Optometrist License Defense Attorney.
California Board of Optometry Investigation Defense Lawyer
The majority of California Board of Optometry investigations begin with the filing of a consumer Complaint. However, California Board of Optometry Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Optometry 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 Optometrists. 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 Optometry disciplinary process. At the conclusion of a California Board of Optometry 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 an Optometrist facing a California Board of Optometry investigation, contact a California Optometrist License Defense Attorney for representation.
California Optometrist License Accusation Defense Attorney
A formal Accusation served on a California Optometrist serves as notice to an Optometrist that the Board intends to revoke the Optometrist License. The Optometrist, 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 Optometrist. A Default will result in the immediate Revocation of the Optometrist License.
An Accusation is a serious matter that can result in the suspension or revocation of an Optometrist License in California. In many cases, it is possible for Optometrists to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Optometry. 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).
Optometrists facing a California Board of Optometry Accusation should contact an experienced California Optometrist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Optometrists include:
California Optometrist 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 Optometry can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Optometry’s 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 Optometrist 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 Optometrist 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 Optometrists facing a California Board of Optometry Administrative Law Hearing need effective representation from a California Optometrist License Defense Lawyer.
California Optometrist License and Criminal Convictions
The California Board of Optometry can discipline Optometrists for criminal convictions. California Board of Optometry discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Optometrist. Common criminal offenses that can cause Optometrist License discipline are:
The California Board of Optometry and other law enforcement agencies also investigate criminal conduct by Optometrists in the course and scope of their practice. Criminal investigations often involve Optometrists engaged in Insurance Fraud, Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Optometrists pending in Criminal Court, the California Board of Optometry and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Optometrist. A California Penal Code § 23 Order seeks to suspend an Optometrist License in Criminal Court.
Optometrists facing criminal charges and Optometrists who are convicted of criminal offenses need an experienced California Optometrist License Defense Attorney for representation in disciplinary proceedings before the California Board of Optometry.
California Optometrist License Statement of Issues Attorney
The California Board of Optometry thoroughly investigates all applicants for Optometrist Licenses. The California Board of Optometry may deny a California Optometrist License to Optometrist students and Optometrists from other states and countries. Most California Optometrist License denials occur due to criminal convictions, financial problems or misstatements on the Optometrist 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 Optometrist License should contact a California Optometrist License Denial Lawyer for representation in a California Board of Optometry Statement of Issues Hearing.
California Optometrist Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Optometrists who have received an Optometrist 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 Optometrist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Optometry. A successful Optometrist License Petition for Reinstatement requires representation by an experienced California Optometrist License Defense Attorney.