California Cemetery License Defense Attorney

California Cemetery and Funeral Bureau License Defense Lawyer

The California Cemetery and Funeral Bureau, known as CFB, licenses Cemeteries in the State of California. Most California Cemeteries have minimal or no contact with the enforcement arm of the California Cemetery and Funeral Bureau. For Cemeteries who become part of the California Cemetery and Funeral Bureau’ disciplinary process, the consequences are profound. The Cemetery License disciplinary process is complex, procedural and time consuming. Cemeteries facing the California Cemetery and Funeral Bureau disciplinary process should seek legal representation from an experienced California Cemetery License Defense Attorney.

California Cemetery and Funeral Bureau Investigation Defense Lawyer

The majority of California Cemetery and Funeral Bureau investigations begin with the filing of a consumer Complaint. However, California Cemetery and Funeral Bureau Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Cemetery and Funeral Bureau employs non sworn Program Representatives to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Cemeteries. 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 Cemetery and Funeral Bureau disciplinary process. At the conclusion of a California Cemetery and Funeral Bureau investigation, the Bureau has several options. The Bureau can choose to close the Complaint. The Bureau can choose to issue a Citation. The Bureau can also choose to refer the matter to the California Attorney General’s Office. The California Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Bureau may refer the case to the District Attorney’s Office for criminal prosecution.

If you are a Cemetery Licensee facing a California Cemetery and Funeral Bureau investigation, contact a California Cemetery and Funeral Bureau License Defense Attorney for representation.

California Cemetery License Accusation Defense Attorney

A formal Accusation served on a California Cemetery Licensee serves as notice to a Cemetery that the Bureau intends to revoke the Cemeteries’ License. The Cemetery, 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 Cemetery. A Default will result in the immediate Revocation of the Cemeteries License.

An Accusation is a serious matter that can result in the suspension or revocation of a Cemetery License in California. In many cases, it is possible for Cemeteries to reach a Stipulated Agreement with the California Cemetery and Funeral Bureau. 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).

Cemeteries facing a California Cemetery and Funeral Bureau Accusation should contact an experienced California Cemetery License Defense Attorney for representation.

California Cemetery 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 Cemetery and Funeral Bureau can adopt, modify or reject the ALJ’s Proposed Decision. The California Cemetery and Funeral Bureau’ 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 Cemetery 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 Cemetery 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 Cemeteries facing a California Cemetery and Funeral Bureau Administrative Law Hearing need effective representation from a California Cemetery License Defense Lawyer.

California Cemetery License and Criminal Convictions

The California Cemetery and Funeral Bureau can discipline Cemetery owners, corporate officers and staff members for criminal convictions. California Cemetery and Funeral Bureau discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Cemetery owner, corporate officer or staff member. Common criminal offenses that can cause Cemetery License discipline are:

The California Cemetery and Funeral Bureau and other law enforcement agencies also investigate criminal conduct by Cemetery staff members in the course and scope of their trade. Criminal investigations often involve Cemetery staff members engaged in Fraud and Theft. In serious criminal cases against Cemetery staff members pending in Criminal Court, the California Cemetery and Funeral Bureau and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Cemeteries’ staff members. A California Penal Code § 23 Order seeks to suspend a Cemetery License and bar staff members from facilities in Criminal Court.

Cemetery owners, corporate officers, and staff members facing criminal charges and Cemeteries who are convicted of criminal offenses need an experienced California Cemetery License Defense Attorney for representation in disciplinary proceedings before the California Cemetery and Funeral Bureau.

California Cemetery License Statement of Issues Attorney

The California Cemetery and Funeral Bureau thoroughly investigates all applicants for Cemetery Licenses. The California Cemetery and Funeral Bureau may deny a California Cemetery License for a variety of reasons. Most California Cemetery License denials occur due to criminal convictions, financial problems or misstatements on the Cemetery 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 Cemetery License should contact a California Cemetery License Denial Lawyer for representation in a California Cemetery and Funeral Bureau Statement of Issues Hearing.

California Cemetery License Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Cemeteries who have received a Cemetery 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 Cemetery License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Cemetery and Funeral Bureau. A successful Cemetery License Petition for Reinstatement requires representation by an experienced California Cemetery License Defense Attorney.