California Veterinary Technician License Defense Attorney
California Veterinary Medical Board License Defense Lawyer
The California Veterinary Medical Board, known as the MBC, licenses approximately 12,000 Veterinary Technicians in the State of California. Most California Veterinary Technicians have minimal or no contact with the enforcement arm of the California Veterinary Medical Board. For Veterinary Technicians who become part of the California Veterinary Medical Board’s disciplinary process, the consequences are profound. The Veterinary Technician License disciplinary process is complex, procedural and time consuming. Veterinary Technicians facing the California Veterinary Medical Board disciplinary process should seek legal representation from an experienced California Veterinary Technician License Defense Attorney.
California Veterinary Medical Board Investigation Defense Lawyer
The majority of California Veterinary Medical Board investigations begin with the filing of a consumer Complaint. However, California Veterinary Medical Board Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Veterinary Medical Board 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 Veterinary Technicians. 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 Veterinary Medical Board disciplinary process. At the conclusion of a California Veterinary Medical Board 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 Veterinary Technician facing a California Veterinary Medical Board investigation, contact a California Veterinary Technician License Defense Attorney for representation.
California Veterinary Technician License Accusation Defense Attorney
A formal Accusation served on a California Veterinary Technician serves as notice to a Veterinary Technician that the Board intends to revoke the Veterinary Technician License. The Veterinary Technician, 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 Veterinary Technician. A Default will result in the immediate Revocation of the Veterinary Technician License.
An Accusation is a serious matter that can result in the suspension or revocation of a Veterinary Technician License in California. In many cases, it is possible for Veterinary Technicians to reach a Stipulated Agreement with the Attorney General’s Office and California Veterinary Medical Board. 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).
Veterinary Technicians facing a California Veterinary Medical Board Accusation should contact an experienced California Veterinary Technician License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Veterinary Technicians include:
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California Veterinary Technician 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 Veterinary Medical Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Veterinary Medical Board’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 Veterinary Technician 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 Veterinary Technician 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 Veterinary Technicians facing a California Veterinary Medical Board Administrative Law Hearing need effective representation from a California Veterinary Technician License Defense Lawyer.
California Veterinary Technician License and Criminal Convictions
The California Veterinary Medical Board can discipline Veterinary Technicians for criminal convictions. California Veterinary Medical Board discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of a Veterinary Technician. Common criminal offenses that can cause Veterinary Technician License discipline are:
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The California Veterinary Medical Board and other law enforcement agencies also investigate criminal conduct by Veterinary Technicians in the course and scope of their practice. Criminal investigations often involve Veterinary Technicians engaged in Insurance Fraud and Prescription Pill Fraud. In serious criminal cases against Veterinary Technicians pending in Criminal Court, the California Veterinary Medical Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Veterinary Technician. A California Penal Code § 23 Order seeks to suspend a Veterinary Technician License in Criminal Court.
Veterinary Technicians facing criminal charges and Veterinary Technicians who are convicted of criminal offenses need an experienced California Veterinary Technician License Defense Attorney for representation in disciplinary proceedings before the California Veterinary Medical Board.
California Veterinary Technician License Statement of Issues Attorney
The California Veterinary Medical Board thoroughly investigates all applicants for Veterinary Technician Licenses. The California Veterinary Medical Board may deny a California Veterinary Technician License to Veterinary Technician students and Veterinary Technicians from other states and countries. Most California Veterinary Technician License denials occur due to criminal convictions, financial problems or misstatements on the Veterinary Technician 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 Veterinary Technician License should contact a California Veterinary Technician License Denial Lawyer for representation in a California Veterinary Medical Board Statement of Issues Hearing.
California Veterinary Technician Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Veterinary Technicians who have received a Veterinary Technician 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 Veterinary Technician License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Veterinary Medical Board. A successful Veterinary Technician License Petition for Reinstatement requires representation by an experienced California Veterinary Technician License Defense Attorney.