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