California Professional License Defense Attorney

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California Registered Professional Forester License Defense Attorney

California Board of Forestry and Fire Protection License Defense Lawyer

The California Board of Forestry and Fire Protection, known as the BFFP, licenses approximately 1,200 Registered Professional Foresters in the State of California. Most California Registered Professional Foresters have minimal or no contact with the enforcement arm of the California Board of Forestry and Fire Protection. For Registered Professional Foresters who become part of the California Board of Forestry and Fire Protection’s disciplinary process, the consequences are profound. The Registered Professional Forester License disciplinary process is complex, procedural and time consuming. Registered Professional Foresters facing the California Board of Forestry and Fire Protection disciplinary process should seek legal representation from an experienced California Registered Professional Forester License Defense Attorney.

California Board of Forestry and Fire Protection Investigation Defense Lawyer

The majority of California Board of Forestry and Fire Protection investigations begin with the filing of a consumer Complaint. However, California Board of Forestry and Fire Protection Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Forestry and Fire Protection 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 Registered Professional Foresters. 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 Forestry and Fire Protection disciplinary process. At the conclusion of a California Board of Forestry and Fire Protection 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 Registered Professional Forester facing a California Board of Forestry and Fire Protection investigation, contact a California Registered Professional Forester License Defense Attorney for representation.

California Registered Professional Forester License Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of a Registered Professional Forester License in California. In many cases, it is possible for Registered Professional Foresters to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Forestry and Fire Protection. 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).

Registered Professional Foresters facing a California Board of Forestry and Fire Protection Accusation should contact an experienced California Registered Professional Forester License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Registered Professional Foresters include:

  • Accepting or Paying Referral Fees
  • Aiding and Abetting Unlicensed Professional Forester Activity
  • Emergency Notice (EN) of Timber Operations Violations
  • Failure to Maintain Responsible Charge
  • Failure to Maintain Records
  • Failure to Provide Supervision of Forestry Work
  • Fraud or Deceit
  • Gross Negligence
  • Improper Advertising
  • Incompetence in the Practice of Professional Forestry
  • Misrepresentation in the Practice of Professional Forestry
  • Timber Harvest Plan (THP) Violations
  • Unlawful Practice of Civil Engineering, Landscape Architecture or Land Surveying
  • Unprofessional Conduct
  • Violation of Forest Practice Act

California Registered Professional Forester 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 Forestry and Fire Protection can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Forestry and Fire Protection’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 a Registered Professional Forester 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 Registered Professional Forester 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 Registered Professional Foresters facing a California Board of Forestry and Fire Protection Administrative Law Hearing need effective representation from a California Registered Professional Forester License Defense Lawyer.

California Registered Professional Forester License and Criminal Convictions

The California Board of Forestry and Fire Protection can discipline Registered Professional Foresters for criminal convictions. California Board of Forestry and Fire Protection discipline occurs criminal convictions that are substantially related to the duties, functions and qualifications of a Registered Professional Forester. Common criminal offenses that can cause Registered Professional Forester 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 Board of Forestry and Fire Protection and other law enforcement agencies also investigate criminal conduct by Registered Professional Foresters in the course and scope of their practice. Criminal investigations often involve Registered Professional Foresters engaged in Trespass and Vandalism. In serious criminal cases against Registered Professional Foresters pending in Criminal Court, the California Board of Forestry and Fire Protection and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Registered Professional Forester. A California Penal Code § 23 Order seeks to suspend a Registered Professional Forester License in Criminal Court.

Registered Professional Foresters facing criminal charges and Registered Professional Foresters who are convicted of criminal offenses need an experienced California Registered Professional Forester License Defense Attorney for representation in disciplinary proceedings before the California Board of Forestry and Fire Protection.

California Registered Professional Forester License Statement of Issues Attorney

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

California Registered Professional Forester Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Registered Professional Foresters who have received a Registered Professional Forester 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 Registered Professional Forester License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Forestry and Fire Protection. A successful Registered Professional Forester License Petition for Reinstatement requires representation by an experienced California Registered Professional Forester License Defense Attorney.