California Financial License Defense Attorney

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California Repossession Employee License Defense Attorney

California Bureau of Security and Investigative Services License Defense Lawyer

The California Bureau of Security and Investigative Services, known as the BSIS, Licenses approximately 1,000 Repossession Employees in the State of California. Most California Repossession Employees have minimal or no contact with the enforcement arm of the California Bureau of Security and Investigative Services. For Repossession Employees who become part of the California Bureau of Security and Investigative Services’ disciplinary process, the consequences are profound. The Repossession Employee License disciplinary process is complex, procedural and time consuming. Repossession Employees facing the California Bureau of Security and Investigative Services disciplinary process should seek legal representation from an experienced California Repossession Employee License Defense Attorney.

California Bureau of Security and Investigative Services Investigation Defense Lawyer

The majority of California Bureau of Security and Investigative Services investigations begin with the filing of a consumer Complaint. However, California Bureau of Security and Investigative Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Bureau of Security and Investigative Services 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 Repossession Employees. 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 Bureau of Security and Investigative Services disciplinary process. At the conclusion of a California Bureau of Security and Investigative Services 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 Repossession Employee facing a California Bureau of Security and Investigative Services investigation, contact a California Repossession Employee License Defense Attorney for representation.

California Repossession Employee License Accusation Defense Attorney

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

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

Repossession Employees facing a California Bureau of Security and Investigative Services Accusation should contact an experienced California Repossession Employee License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Repossession Agency Employees include:

  • Accepting or Paying Referral Fees
  • Aiding and Abetting Unlicensed Repossession Activity
  • Appraisal of Collateral
  • Committing Assault or Battery During Repossession
  • Deceit
  • Demand for Payment in Lieu of Repossession
  • Elder Abuse
  • Failure to Maintain Adequate Records
  • Failure to Properly Dispose of Personal Effects From Collateral
  • Failure to Record Inventory
  • Failure to Register a Repossession
  • Failure to Remove Personal Effects From Collateral
  • Falsification of Inventory
  • Fraud
  • Improper Advertising
  • Knowingly Making a False Report
  • Misrepresentation
  • Sale of Collateral
  • Unlawful Charges for Services Rendered
  • Use of Force in Repossessing Collateral
  • Willful Disregard of Building or Safety Laws

California Repossession Employee 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 Bureau of Security and Investigative Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Bureau of Security and Investigative Services’ 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 Repossession Employee 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 Repossession Employee 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 Repossession Employees facing a California Bureau of Security and Investigative Services Administrative Law Hearing need effective representation from a California Repossession Employee License Defense Lawyer.

California Repossession Employee License and Criminal Convictions

The California Bureau of Security and Investigative Services can discipline Repossession Employees for criminal convictions. California Bureau of Security and Investigative Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Repossession Employee. Common criminal offenses that can cause Repossession Employee 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 Bureau of Security and Investigative Services and other law enforcement agencies also investigate criminal conduct by Repossession Employees in the course and scope of their practice. Criminal investigations often involve Repossession Employees engaged in Assault, Battery, Burglary, Theft and Trespass. In serious criminal cases against Repossession Employees pending in Criminal Court, the California Bureau of Security and Investigative Services and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Repossession Employee. A California Penal Code § 23 Order seeks to suspend an Repossession Employee License in Criminal Court.

Repossession Employees facing criminal charges and Repossession Employees who are convicted of criminal offenses need an experienced California Repossession Employee License Defense Attorney for representation in disciplinary proceedings before the California Bureau of Security and Investigative Services.

California Repossession Employee License Statement of Issues Attorney

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

California Repossession Employee Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Repossession Employees who have received an Repossession Employee 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 Repossession Employee License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Bureau of Security and Investigative Services. A successful Repossession Employee License Petition for Reinstatement requires representation by an experienced California Repossession Employee License Defense Attorney.