California Board of Optometry License Defense Attorney

California Board of Optometry License Defense Lawyer

The California Board of Optometry, known as the BOO, licenses several thousand licensees in the State of California. Most California Licensees have minimal or no contact with the enforcement arm of the California Board of Optometry. For Licensees who become part of the California Board of Optometry disciplinary process, the consequences are profound. The BOO License disciplinary process is complex, procedural and time consuming. Licensees facing the California Board of Optometry disciplinary process should seek legal representation from an experienced California Board of Optometry License Defense Attorney.

The California Board of Optometry issues the following types of licenses:

Contact Lens Dispenser

Optician

Optometrist

California Board of Optometry Investigation Defense Lawyer

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

California Board of Optometry Accusation Defense Attorney

A formal Accusation served on a California BPSLEG licensee serves as notice to a licensee that the Board intends to revoke the license. The licensee, 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 licensee. A Default will result in the immediate Revocation of the license.

An Accusation is a serious matter that can result in the suspension or revocation of a BOO License in California. In many cases, it is possible for Licensees to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Optometry. 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). Licensees facing a California Board of Optometry Accusation should contact an experienced California Board of Optometry License Defense Attorney for representation.

California Board of Optometry 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 Board of Optometry can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Optometry 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 licensee 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 licensee 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 Licensees facing a California Board of Optometry Administrative Law Hearing need effective representation from a California Board of Optometry License Defense Lawyer.

California Board of Optometry License and Criminal Convictions

The California Board of Optometry can discipline Licensees for criminal convictions. California Board of Optometry discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a licensee. Common criminal offenses that can cause BOO License discipline are:

The California Board of Optometry and other law enforcement agencies also investigate criminal conduct by Licensees in the course and scope of their practice. Criminal investigations often involve Licensees engaged in Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Licensees pending in Criminal Court, the California Board of Optometry and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a BOO License in Criminal Court.

Licensees facing criminal charges and Licensees who are convicted of criminal offenses need an experienced California Board of Optometry License Defense Attorney for representation in disciplinary proceedings before the California Board of Optometry.

California Board of Optometry Statement of Issues Attorney

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

California Board of Optometry Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensees who have received a BOO 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 License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Optometry. A successful Petition for Reinstatement requires representation by an experienced California Board of Optometry License Defense Attorney.