California Department of Social Services License Defense Attorney
California DSS License Defense Lawyer
The California Department of Social Services, known as the CDSS, licenses several hundred thousand Licensees in the State of California. Most California Licensees have minimal or no contact with the enforcement arm of the California Department of Social Services. For Licensees who become part of the California Department of Social Services disciplinary process, the consequences are profound. The CDSS License disciplinary process is complex, procedural and time consuming. Licensees facing the California Department of Social Services disciplinary process should seek legal representation from an experienced California Department of Social Services License Defense Attorney.
The California Department of Social Services issues the following types of licenses:
Adult Day Program
Adult Residential Care Facility
Assisted Living Facility
Child Group Home
Day Care
Family Child Care Home
Foster Family Home
Home Care Organization
Preschool
Social Rehabilitation Facility
California Department of Social Services Investigation Defense Lawyer
The majority of California Department of Social Services investigations begin with the filing of a consumer Complaint. However, California Department of Social Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Social Services utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Social Services 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 Department of Social Services disciplinary process. At the conclusion of a California Department of Social Services investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California DSS Legal Enforcement Office. The DSS Legal Enforcement Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a licensee facing a California Department of Social Services investigation, contact a California Department of Social Services License Defense Attorney for representation.
California DSS Accusation Defense Attorney
A formal Accusation served on a California CDSS licensee serves as notice to a licensee that the Department 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 CDSS License in California. In many cases, it is possible for Licensees to reach a Stipulated Agreement with the DSS Legal Enforcement Office and the California Department of Social Services. 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 Department of Social Services Accusation should contact an experienced California Department of Social Services License Defense Attorney for representation.
California Department of Social Services 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 Department of Social Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Social Services 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 Department of Social Services Administrative Law Hearing need effective representation from a California Department of Social Services License Defense Lawyer.
California Department of Social Services License and Criminal Convictions
The California Department of Social Services can discipline licensees for criminal convictions. California Department of Social Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a
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The California Department of Social Services 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 Violations of Insurance License Regulations. In serious criminal cases against Licensees pending in Criminal Court, the California Department of Social Services and the California DSS Legal Enforcement Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a CDSS License in Criminal Court.
Licensees facing criminal charges and Licensees who are convicted of criminal offenses need an experienced California Department of Social Services License Defense Attorney for representation in disciplinary proceedings before the California Department of Social Services.
California DSS Statement of Issues Attorney
The California Department of Social Services thoroughly investigates all applicants for CDSS Licenses. The California Department of Social Services may deny a license to students and licensees from other states and countries. Most California Department of Social Services 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 CDSS License should contact a California Department of Social Services License Denial Lawyer for representation in a California Department of Social Services Statement of Issues Hearing.
California Department of Social Services Petition for Reinstatement Lawyer
A Petition for Reinstatement allows Licensees who have received a CDSS 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 Department of Social Services. A successful Petition for Reinstatement requires representation by an experienced California Department of Social Services License Defense Attorney.
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