California Board of Occupational Therapy License Defense Attorney

California Board of Occupational Therapy License Defense Lawyer

The California Board of Occupational Therapy, known as the BOT, licenses approximately 6,000 Licensees in the State of California. Most California Licensees have minimal or no contact with the enforcement arm of the California Board of Occupational Therapy. For Licensees who become part of the California Board of Occupational Therapy disciplinary process, the consequences are profound. The BOT License disciplinary process is complex, procedural and time consuming. Licensees facing the California Board of Occupational Therapy disciplinary process should seek legal representation from an experienced California Board of Occupational Therapy License Defense Attorney.

The California Board of Occupational Therapy issues the following types of licenses:

• Occupational Therapist
• Occupational Therapy Assistant

California Board of Occupational Therapy Investigation Defense Lawyer

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

California Board of Occupational Therapy 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 BOT 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 Occupational Therapy. 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 Occupational Therapy Accusation should contact an experienced California Board of Occupational Therapy License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Occupational Therapists include:

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

California Board of Occupational Therapy License and Criminal Convictions

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

The California Board of Occupational Therapy 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 Occupational Therapy 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 BOT License in Criminal Court.

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

California Board of Occupational Therapy Statement of Issues Attorney

The California Board of Occupational Therapy thoroughly investigates all applicants for BOT Licenses. The California Board of Occupational Therapy may deny a license to students and licensees from other states and countries. Most California Board of Occupational Therapy 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 BOT License should contact a California Board of Occupational Therapy License Denial Lawyer for representation in a California Board of Occupational Therapy Statement of Issues Hearing.

California Board of Occupational Therapy Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensees who have received a BOT 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 Occupational Therapy. A successful Petition for Reinstatement requires representation by an experienced California Board of Occupational Therapy License Defense Attorney.