California Accredited Educational Institution License Defense Attorney

California Bureau for Private Postsecondary Education License Defense Lawyer

The California Bureau for Private Postsecondary Education, known as BPPE, licenses Accredited Educational Institutions in the State of California. Most California Accredited Educational Institutions have minimal or no contact with the enforcement arm of the California Bureau for Private Postsecondary Education. For Accredited Educational Institutions who become part of the California Bureau for Private Postsecondary Education’ disciplinary process, the consequences are profound. The Accredited Educational Institution License disciplinary process is complex, procedural and time consuming. Accredited Educational Institutions facing the California Bureau for Private Postsecondary Education disciplinary process should seek legal representation from an experienced California Accredited Educational Institution License Defense Attorney.

California Bureau for Private Postsecondary Education Investigation Defense Lawyer

The majority of California Bureau for Private Postsecondary Education investigations begin with the filing of a consumer Complaint. However, California Bureau for Private Postsecondary Education Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Bureau for Private Postsecondary Education employs non sworn Program Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Accredited Educational Institutions. 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 for Private Postsecondary Education disciplinary process. At the conclusion of a California Bureau for Private Postsecondary Education 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 California 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 Accredited Educational Institution Licensee facing a California Bureau for Private Postsecondary Education investigation, contact a California Bureau for Private Postsecondary Education License Defense Attorney for representation.

California Accredited Educational Institution License Accusation Defense Attorney

A formal Accusation served on a California Accredited Educational Institution Licensee serves as notice to an Accredited Educational Institution that the Bureau intends to revoke the Accredited Educational Institutions’ License. The Accredited Educational Institution, 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 Accredited Educational Institution. A Default will result in the immediate Revocation of the Accredited Educational Institutions License.

An Accusation is a serious matter that can result in the suspension or revocation of an Accredited Educational Institution License in California. In many cases, it is possible for Accredited Educational Institutions to reach a Stipulated Agreement with the California Bureau for Private Postsecondary Education. 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).

Accredited Educational Institutions facing a California Bureau for Private Postsecondary Education Accusation should contact an experienced California Accredited Educational Institution License Defense Attorney for representation.

California Accredited Educational Institution 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 for Private Postsecondary Education can adopt, modify or reject the ALJ’s Proposed Decision. The California Bureau for Private Postsecondary Education’ 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 Accredited Educational Institution 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 Accredited Educational Institution 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 Accredited Educational Institutions facing a California Bureau for Private Postsecondary Education Administrative Law Hearing need effective representation from a California Accredited Educational Institution License Defense Lawyer.

California Accredited Educational Institution License and Criminal Convictions

The California Bureau for Private Postsecondary Education can discipline Accredited Educational Institution owners, corporate officers and staff members for criminal convictions. California Bureau for Private Postsecondary Education discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Accredited Educational Institution owner, corporate officer or staff member. Common criminal offenses that can cause Accredited Educational Institution License discipline are:

The California Bureau for Private Postsecondary Education and other law enforcement agencies also investigate criminal conduct by Accredited Educational Institution staff members in the course and scope of their trade. Criminal investigations often involve Accredited Educational Institution staff members engaged in Fraud and Theft. In serious criminal cases against Accredited Educational Institution staff members pending in Criminal Court, the California Bureau for Private Postsecondary Education and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Accredited Educational Institutions’ staff members. A California Penal Code § 23 Order seeks to suspend an Accredited Educational Institution License and bar staff members from facilities in Criminal Court.

Accredited Educational Institution owners, corporate officers, and staff members facing criminal charges and Accredited Educational Institutions who are convicted of criminal offenses need an experienced California Accredited Educational Institution License Defense Attorney for representation in disciplinary proceedings before the California Bureau for Private Postsecondary Education.

California Accredited Educational Institution License Statement of Issues Attorney

The California Bureau for Private Postsecondary Education thoroughly investigates all applicants for Accredited Educational Institution Licenses. The California Bureau for Private Postsecondary Education may deny a California Accredited Educational Institution License for a variety of reasons. Most California Accredited Educational Institution License denials occur due to criminal convictions, financial problems or misstatements on the Accredited Educational Institution 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 Accredited Educational Institution License should contact a California Accredited Educational Institution License Denial Lawyer for representation in a California Bureau for Private Postsecondary Education Statement of Issues Hearing.

California Accredited Educational Institution License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Accredited Educational Institutions who have received an Accredited Educational Institution 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 Accredited Educational Institution License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Bureau for Private Postsecondary Education. A successful Accredited Educational Institution License Petition for Reinstatement requires representation by an experienced California Accredited Educational Institution License Defense Attorney.