California Business License Defense Case Results

In the Matter of the California Air Resources Board Notice of Violations Against Michigan Manufacturer: The client, a Michigan manufacturer of aftermarket Electronic Control Units (ECUs), received an investigation notice from the California Air Resources Board, known as CARB, or ARB. ARB commenced an investigation into the Michigan company for a number of vehicle violations. These ECUs allegedly led to an increase in emissions and violated a number of California Air Pollution Control rules and regulations. ARB issued the company Notices of Violation. The company faced fines and penalties of $12,800,000. At a Settlement Conference, ARB offered to settle the matter for $650,000. After a successful negotiation, the Michigan company paid ARB a fine of $50,000.

In the Matter of the California Department of Social Services Accusation Against Adult Day Care: The client, a Ventura County Adult Day Care Facility, received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. Several violations were alleged against the facility, including the failure of staff to report client abuse and the use of clients to care for other clients. Other serious violations included a staff member was caught with narcotics and another staff member was working even though she was subject to a CDSS Exclusion Order. The Adult Day Care entered into a Stipulated Agreement (settlement) with the California Department of Social Services. The client was placed on California Department of Social Services probation.

In the Matter of the California Department of Social Services Accusation Against Adult Residential Facility (ARF): A Los Angeles Adult Residential Facility (ARF) received an Accusation from the California Department of Social Services. CDSS alleged that the Administrator engaged in dishonesty by failing to attend required continuing education classes. The evidence presented by DSS actually supplemented the client’s version of events. The matter proceeding to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. The Administrative Law Judge found that the client was negligent, rather than engaged in intentional misconduct. The Administrative Law Judge allowed the client to retake the classes and did not discipline the ARF Administrator.

In the Matter of the California Department of Social Services Accusation Against Adult Residential Facility (ARF) Administrator: A Los Angeles Adult Residential Facility (ARF) Administrator received an Accusation from the California Department of Social Services. CDSS alleged that the Administrator engaged in dishonesty by failing to attend required continuing education classes. The Administrator attended a DSS sponsored program that promoted the incorrect continuing education courses. Prior to a Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles, CDSS reached a Stipulated Agreement (settlement) with the client. The California Department of Social Services placed the ARF Administrator on probation with standard terms and conditions.

In the Matter of the California Department of Social Services Accusation Against Children’s Group Home: The client, a Bakersfield Children’s Group Home, received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. Dozens of violations were alleged against the facility, including numerous instances of children fighting and running away from the facility. Other serious violations included the improper use of physical restraints on children by staff members and improper training of staff members. The Children’s Group Home entered into a Stipulated Agreement (settlement) with the California Department of Social Services. The client was placed on California Department of Social Services probation.

In the Matter of the California Department of Social Services Accusation Against Children’s Group Home: The client, a Bakersfield Children’s Group Home, received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. Several violations were alleged against the facility, including the improper use of physical restraints on children by staff members and improper training of staff members. Other violations included facility maintenance issues and improper record keeping. The Children’s Group Home entered into a Stipulated Agreement (settlement) with the California Department of Social Services. The client was placed on California Department of Social Services probation.

In the Matter of the California Department of Social Services Accusation Against Preschool: A large Preschool in the Hollywood neighborhood of Los Angeles received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. A child escaped from the facility and was found approximately twenty minutes later by a Good Samaritan wandering on a busy Hollywood street. The Los Angeles Police responded and took the child into protective custody. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. The Administrative Law Judge granted the Preschool probation.

In the Matter of the California Department of Social Services Accusation Against Preschool: The client, a Los Angeles Preschool, received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. A parent made allegations that teachers hit their child at the Preschool. The California Department of Social Services further alleged that the Preschool failed to report the assault to the California Department of Social Services. Additional issues included facility violations. The Preschool entered into a Stipulated Agreement (settlement) with the California Department of Social Services. The client was placed on California Department of Social Services probation.

In the Matter of the California Department of Social Services Accusation Against Preschool: The client, a San Diego Preschool, received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. During a field trip, a child went missing, causing a massive police search. The incident made local headline news. The Preschool entered into a Stipulated Agreement (settlement) with the California Department of Social Services. The client was placed on California Department of Social Services probation.

In the Matter of the California Department of Social Services Accusation Against Preschool: The client, a San Jose Preschool, received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. The Preschool was alleged to have committed over two dozen violations. These violations were related to improper staff to student ratio, overcapacity and Building Code Violations. The Preschool entered into a Stipulated Agreement (settlement) with the California Department of Social Services. The client was placed on California Department of Social Services probation.

In the Matter of the California Department of Social Services Accusation Against Family Child Care Home: The client, a Los Angeles Family Child Care Home received an Accusation from the California Department of Social Services. The Accusation sought to revoke the owner’s Criminal Records Exemption. Seven years prior, the client worked in a private capacity as an elderly caretaker. Several years subsequent to employment, the elderly patient’s family made allegations that the client committed Theft from the elderly patient. Several years later, the California Department of Social Services filed an Accusation based on the aforementioned allegations. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. The Administrative Law Judge dismissed the Accusation in its entirety. No discipline was imposed.

In the Matter of the California Department of Social Services Accusation Against Family Child Care Home: An Orange County Family Child Care Home faced an Accusation from the California Department of Social Services. The Accusation alleged Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. A parent made a complaint against the Home Day Care because another student had allegedly bitten her child numerous times. The Home Day Care also faced allegations of improper ratios of staff to children, lack of supervision and facility violations. The matter proceeded to Hearing before an Administrative Law Judge at the California Office of Administrative Hearings. While assigned to the Los Angeles office, the Hearing occurred in Orange County. The Administrative Law Judge granted the Family Child Care Home probation.

In the Matter of the California Department of Social Services Accusation Against Family Child Care Home: A Bakersfield Family Child Care Home received a Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. The owners of the Family Child Care Home were also former Foster parents. While fostering a child, one of the owners of the Family Child Care Home spanked the child. This resulted in the filing of the disciplinary Accusation to revoke the Family Child Care Home License. Due to extensive mitigation presented, the California Department of Social Services agreed to a Stipulated Agreement (settlement) for probation.

In the Matter of the California Department of Social Services Accusation Against Family Child Care Home: The client, a Bakersfield Family Child Care Home received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. The client allegedly improperly supervised children at a playground. The California Department of Social Services alleged that as a result, a fistfight occurred between two children in care. Furthermore, it was alleged that a minor improperly transported a child under the client’s care, the client dispensed medication to a child without parental permission and the smoke detector at the facility did not properly function. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. The Administrative Law Judge granted the Family Child Care Home probation.

In the Matter of the California Department of Social Services Accusation Against Family Child Care Home: The client, a Los Angeles Family Child Care Home received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. The owners of the Family Child Care Home were unavailable to an emergency. They left the Family Child Care Home in the care of friends. The California Department of Social Services conducted a random inspection of the Family Child Care Home. The random inspection determined an improper ratio, staff to children, overcapacity, the availability of dangerous substances and a lack of supervision. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. The Administrative Law Judge granted the Family Child Care Home probation.

In the Matter of the California Department of Social Services Accusation Against Family Child Care Home: A Ventura County Family Child Care Home received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. A child escaped from the Family Child Care Home and was found approximately forty five minutes later by a Ventura Police Officer. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings. The matter was assigned to the OAH Los Angeles Office, but the Hearing occurred in Ventura County. The Administrative Law Judge granted the Family Child Care Home probation.

In the Matter of the California Department of Social Services Accusation Against Family Child Care Home: A Bakersfield Family Child Care Home received an Accusation from the California Department of Social Services. The allegations included Conduct Inimical and Negligence. The licensee’s son, a Registered Sex Offender, used the licensees address as his own address for a period of time. As a result, the California Department of Social Services initiated a disciplinary Accusation. The licensee presented substantial mitigation evidence on behalf of the Family Child Care Home. Prior to a Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles, CDSS reached a Stipulated Agreement (settlement) with the client. The California Department of Social Services placed the Family Child Care Home on probation with standard terms and conditions.

In the Matter of the California Department of Social Services Accusation Foster Care Home: A San Bernardino County husband and wife teacher received an Accusation (Exclusion Accusation) from the California Department of Social Services. CDSS alleged Conduct Inimical arising from allegations of child abuse, child neglect and facility violations. The evidence against the couple was weak. However, DSS refused to enter into a Stipulated Agreement (settlement) with the husband and wife. The matter proceeding to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Riverside. The Administrative Law Judge found the evidence against the couple weak, but agreed that the home needed upgrades. The husband and wife were placed on disciplinary probation.

In the Matter of the California Department of Social Services Exclusion Accusation Against Child Care Center Teacher: A Los Angeles Child Care Center Teacher received an Accusation (Exclusion Accusation) from the California Department of Social Services. The allegations included Conduct Inimical, Lack of Supervision, Negligence and Violation of Personal Rights. The teacher was accused of using a plastic bat in a dangerous and intimidating manner and hitting a child with the plastic bat. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. During the Hearing, CDSS and the client entered into a Stipulated Agreement, whereby the client admitted to using the plastic bat in an inappropriate manner, and was placed of two years of CDSS probation.

In the Matter of the California Department of Social Services Exclusion Accusation Against Preschool Teacher: A Ventura County Preschool teacher received an Accusation (Exclusion Accusation) from the California Department of Social Services. CDSS alleged Conduct Inimical. The teacher was accused of felony Domestic Violence for allegedly assaulting her husband at home due to a psychological breakdown. The client underwent a psychological evaluation and demonstrated her mental fitness. Prior to a Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles, DSS offered the client a Stipulated Agreement (settlement). The client agreed to three years of disciplinary probation from the California Department of Social Services.

In the Matter of the California Department of Social Services Statement of Issues (License Denial) Against Preschool License Applicant: The client sought to open a Preschool in the Los Angeles area. The client was involved in major civil litigation with family members. The civil litigation caused the California Department of Social Services to deny the client’s Preschool license. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. The allegations against the client were found to be speculative and not credible. The Administrative Law Judge dismissed the Statement of Issues in its entirety. The client received Preschool License. No discipline was imposed.

In the Matter of the California Department of Social Services Statement of Issues (License Denial) Against Foster Family Home License Applicant: The client, a highly educated corporate executive in Los Angeles, was denied a Criminal Records Exemption due to a misdemeanor Battery conviction. The conviction occurred twenty six years prior to the application to become a Foster Family Home. The matter proceeded to Hearing before an Administrative Law Judge from the California Office of Administrative Hearings in Los Angeles. The client presented substantial evidence of honesty, positive moral character and trustworthiness. The Administrative Law Judge dismissed the Accusation in its entirety. The client received a Criminal Records Exemption to become a Foster parent. No discipline was imposed.

In the Matter of the California Bureau of Private Postsecondary Education Statement of Issues (License Denial/Denial of Operating Approval) of Radio Broadcasting School: The client, a Radio Broadcasting school, sought licensure and operating approval from the California Bureau of Private Postsecondary Education. The BPPE denied the Radio Broadcasting school operating approval due to deficiencies in the application for licensure. These deficiencies included improperly trained faculty, a confusing grading system, a lack of equipment and facility violations. Upon revising the application and authoring a settlement proposal, the BPPE dismissed the Statement of Issues. The Radio Broadcasting school received licensure and approval to operate.

In the Matter of the California Bureau of Private Postsecondary Education Citation Against Non Approved School: The client, a Firearms Training Facility in San Bernardino County, licensed by the California Bureau of Security and Investigative Services, received a $100,000 Citation from BPPE for operating without approval. The Citation stemmed from an allegation that the Firearms Training Facility conducted classes outside the scope of its BSIS licensure. Mitigation evidence showed that the Firearms Training Facility stopped conducting the unapproved classes and did not make a significant profit. The California Bureau for Private Postsecondary Education reduced the Citation to $10,000.

In the Matter of the California Bureau of Private Postsecondary Education Citation Against Non Approved School: The client, a speed typing tutor for Court Reporters located in Riverside County, received a $75,000 Citation from BPPE for operating without approval. The Citation arose from an allegation that the Court Reporters speed tutor offered a certificate upon completion of a tutoring program. Mitigation evidence showed that the tutor only advertised a certificate of completion, but had never actually issued a certificate of completion. Furthermore, the tutor did not offer a tutoring program; but merely a series of tutoring sessions designed to increase typing speed for Court Reporters. The California Bureau for Private Postsecondary Education reduced the Citation to $10,000.

In the Matter of the California Bureau of Automotive Repair Accusation Against Automotive Repair Dealer: An Automotive Repair Dealer in Riverside County faced an Accusation for numerous California Business & Professions Code violations. Specifically, the California Bureau of Automotive Repair alleged that the Automotive Repair Dealer failed to perform work as contracted, accepted payment in excess of work performed and committed Fraud. The allegations stemmed from a consumer Complaint that led to a sting operation performed by California Bureau of Automotive Repair investigators. The California Bureau of Automotive Repair agreed to a Stipulated Agreement (settlement) with the Automotive Repair Dealer. The Automotive Repair Dealer was placed on probation.

In the Matter of the California Bureau of Security and Investigative Services Accusation Against Firearms Training Facility, Firearms Training Instructor, Private Patrol Operator and Security Guard: A San Bernardino County client licensed in all of the aforementioned categories received an Accusation for numerous California Business & Professions Code violations. Specifically, the California Bureau of Security and Investigative Services alleged that the client rented his PPO License, failed to maintain adequate records, falsely certified three individuals for firearms training and engaged in dishonest conduct. A review of the evidence found that the client was set up by a rival competitor, who made baseless claims against the client. The California Bureau of Security and Investigative Services entered into a Stipulated Agreement (settlement) with the client. The client admitted Renting his PPO License and received two years of disciplinary probation. All other allegations were dismissed.

In the Matter of the California Bureau of Security and Investigative Services Accusation Against Alarm Company Operator: An Alarm Company Operator in Los Angeles faced an Accusation for numerous California Business & Professions Code violations. Specifically, the California Bureau of Security and Investigative Services alleged that the Alarm Company Operator operated without a license, employing unregistered Alarm Company Employees, failed to maintain adequate records, committed acts involving fraud and violated the rules and regulations of the California Alarm Company Act. The California Bureau of Security and Investigative Services agreed to a Stipulated Agreement (settlement) with the Alarm Company Operator whereby several allegations were dismissed. The Alarm Company Operator was placed on probation.

In the Matter of the California Board of Barbering and Cosmetology Accusation Against Barbershop: The client, a Barbershop in Orange County, received an Accusation from the California Board of Barbering and Cosmetology. The allegations included Employing Unlicensed Barbers, Health Code Violations and Municipal Code Violations. Prior to a Hearing before the Office of Administrative Hearings in Los Angeles, the Board of Barbering and Cosmetology entered into a Stipulated Agreement (settlement) with the client. The barbershop was placed on probation.

In the Matter of the California Board of Barbering and Cosmetology Accusation Against Barbershop: The client, a Barbershop in Riverside County, received an Accusation from the California Board of Barbering and Cosmetology. The allegations included Employing Unlicensed Barbers, Health Code Violations and Municipal Code Violations. Prior to a Hearing before the Office of Administrative Hearings in Los Angeles, the Board of Barbering and Cosmetology entered into a Stipulated Agreement (settlement) with the client. The barbershop received a disciplinary order of probation.