California Funeral Director License Defense Attorney

California Cemetery and Funeral Bureau License Defense Lawyer

The California Cemetery and Funeral Bureau, known as the CFB, Licenses approximately 2,700 Funeral Directors in the State of California. Most California Funeral Directors have minimal or no contact with the enforcement arm of the California Cemetery and Funeral Bureau. For Funeral Directors who become part of the California Cemetery and Funeral Bureau’ disciplinary process, the consequences are profound. The Funeral Director License disciplinary process is complex, procedural and time consuming. Funeral Directors facing the California Cemetery and Funeral Bureau disciplinary process should seek legal representation from an experienced California Funeral Director License Defense Attorney.

California Cemetery and Funeral Bureau Investigation Defense Lawyer

The majority of California Cemetery and Funeral Bureau investigations begin with the filing of a consumer Complaint. However, California Cemetery and Funeral Bureau Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Cemetery and Funeral Bureau 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 Funeral Directors. 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 Cemetery and Funeral Bureau disciplinary process. At the conclusion of a California Cemetery and Funeral Bureau 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 a Funeral Director facing a California Cemetery and Funeral Bureau investigation, contact a California Funeral Director License Defense Attorney for representation.

California Funeral Director License Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of a Funeral Director License in California. In many cases, it is possible for Funeral Directors to reach a Stipulated Agreement with the Attorney General’s Office and California Cemetery and Funeral Bureau. 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).

Funeral Directors facing a California Cemetery and Funeral Bureau Accusation should contact an experienced California Funeral Director License Defense Attorney for representation.

California Funeral Director 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 Cemetery and Funeral Bureau can adopt, modify or reject the ALJ’s Proposed Decision. The California Cemetery and Funeral Bureau’ 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 Funeral Director 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 Funeral Director 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 Funeral Directors facing a California Cemetery and Funeral Bureau Administrative Law Hearing need effective representation from a California Funeral Director License Defense Lawyer.

California Funeral Director License and Criminal Convictions

The California Cemetery and Funeral Bureau can discipline Funeral Directors for criminal convictions. California Cemetery and Funeral Bureau discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Funeral Director. Common criminal offenses that can cause Funeral Director License discipline are:

The California Cemetery and Funeral Bureau and other law enforcement agencies also investigate criminal conduct by Funeral Directors in the course and scope of their practice. Criminal investigations often involve Funeral Directors engaged in Fraud and Theft. In serious criminal cases against Funeral Directors pending in Criminal Court, the California Cemetery and Funeral Bureau and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Funeral Director. A California Penal Code § 23 Order seeks to suspend a Funeral Director License in Criminal Court.

Funeral Directors facing criminal charges and Funeral Directors who are convicted of criminal offenses need an experienced California Funeral Director License Defense Attorney for representation in disciplinary proceedings before the California Cemetery and Funeral Bureau.

California Funeral Director License Statement of Issues Attorney

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

California Funeral Director Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Funeral Directors who have received a Funeral Director 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 Funeral Director License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Cemetery and Funeral Bureau. A successful Funeral Director License Petition for Reinstatement requires representation by an experienced California Funeral Director License Defense Attorney.