California Esthetician License Defense Attorney

California Board of Barbering and Cosmetology License Defense Lawyer

The California Board of Barbering and Cosmetology, known as the BBC, Licenses approximately 65,000 Estheticians in the State of California. Most California Estheticians have minimal or no contact with the enforcement arm of the California Board of Barbering and Cosmetology. For Estheticians who become part of the California Board of Barbering and Cosmetology’ disciplinary process, the consequences are profound. The Esthetician License disciplinary process is complex, procedural and time consuming. Estheticians facing the California Board of Barbering and Cosmetology disciplinary process should seek legal representation from an experienced California Esthetician License Defense Attorney.

California Board of Barbering and Cosmetology Investigation Defense Lawyer

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

California Esthetician License Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of an Esthetician License in California. In many cases, it is possible for Estheticians to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Barbering and Cosmetology. 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)

Estheticians facing a California Board of Barbering and Cosmetology Accusation should contact an experienced California Esthetician License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Estheticians include:

California Esthetician 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 Board of Barbering and Cosmetology can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Barbering and Cosmetology’ 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 an Esthetician 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 Esthetician 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 Estheticians facing a California Board of Barbering and Cosmetology Administrative Law Hearing need effective representation from a California Esthetician License Defense Lawyer.

California Esthetician License and Criminal Convictions

The California Board of Barbering and Cosmetology can discipline Estheticians for criminal convictions. California Board of Barbering and Cosmetology discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Esthetician. Common criminal offenses that can cause Esthetician License discipline are:

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

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

California Esthetician License Statement of Issues Attorney

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

California Esthetician Petition for Reinstatement Lawyer

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