California Licensed Professional Clinical Counselor License Defense Attorney

California Board of Behavioral Sciences License Defense Lawyer

The California Board of Behavioral Sciences, known as the BBS, licenses approximately 3,000 Licensed Professional Clinical Counselors in the State of California. Most California Licensed Professional Clinical Counselors have minimal or no contact with the enforcement arm of the California Board of Behavioral Sciences. For Licensed Professional Clinical Counselors who become part of the California Board of Behavioral Sciences’ disciplinary process, the consequences are profound. The Licensed Professional Clinical Counselor License disciplinary process is complex, procedural and time consuming. Licensed Professional Clinical Counselors facing the California Board of Behavioral Sciences disciplinary process should seek legal representation from an experienced California Licensed Professional Clinical Counselor License Defense Attorney.

California Board of Behavioral Sciences Investigation Defense Lawyer

The majority of California Board of Behavioral Sciences investigations begin with the filing of a consumer Complaint. However, California Board of Behavioral Sciences Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Board of Behavioral Sciences 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 Licensed Professional Clinical Counselors. These investigators 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 Behavioral Sciences disciplinary process. At the conclusion of a California Board of Behavioral Sciences 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 Licensed Professional Clinical Counselor facing a California Board of Behavioral Sciences investigation, contact a California Licensed Professional Clinical Counselor License Defense Attorney for representation.

California Licensed Professional Clinical Counselor License Accusation Defense Attorney

A formal Accusation served on a California Licensed Professional Clinical Counselor as notice to a Licensed Professional Clinical Counselor that the Board intends to revoke the Licensed Professional Clinical Counselor License. The Licensed Professional Clinical Counselor, 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 Licensed Professional Clinical Counselor. A Default will result in the immediate Revocation of the Licensed Professional Clinical Counselor License.

An Accusation is a serious matter that can result in the suspension or revocation of a Licensed Professional Clinical Counselor License in California. In many cases, it is possible for Licensed Professional Clinical Counselors to reach a Stipulated Agreement with the Attorney General’s Office and California Board of Behavioral Sciences. 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).

Licensed Professional Clinical Counselors facing a California Board of Behavioral Sciences Accusation should contact an experienced California Licensed Professional Clinical Counselor License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Licensed Professional Clinical Counselors include:

California Licensed Professional Clinical Counselor 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 Behavioral Sciences can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Behavioral Sciences’ 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 Licensed Professional Clinical Counselor 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 Licensed Professional Clinical Counselor 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 Licensed Professional Clinical Counselors facing a California Board of Behavioral Sciences Administrative Law Hearing need effective representation from a California Licensed Professional Clinical Counselor License Defense Lawyer.

California Licensed Professional Clinical Counselor License and Criminal Convictions

The California Board of Behavioral Sciences can discipline Licensed Professional Clinical Counselors for criminal convictions. California Board of Behavioral Sciences discipline occurs for convictions for criminal convictions that are substantially related to the duties, functions and qualifications of a Licensed Professional Clinical Counselor. Common criminal offenses that can cause Licensed Professional Clinical Counselor License discipline are:

The California Board of Behavioral Sciences and other law enforcement agencies also investigate criminal conduct by Licensed Professional Clinical Counselors in the course and scope of their practice. Criminal investigations often involve Licensed Professional Clinical Counselors engaged in Insurance Fraud, Unlawful Practice of Medicine, Unlawful Practice of Psychology and Unlawful Representation as a Physician. In serious criminal cases against Licensed Professional Clinical Counselors pending in Criminal Court, the California Board of Behavioral Sciences and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Licensed Professional Clinical Counselor. A California Penal Code § 23 Order seeks to suspend a Licensed Professional Clinical Counselor License in Criminal Court.

Licensed Professional Clinical Counselors facing criminal charges and Licensed Professional Clinical Counselors who are convicted of criminal offenses need an experienced California Licensed Professional Clinical Counselor License Defense Attorney for representation in disciplinary proceedings before the California Board of Behavioral Sciences.

California Licensed Professional Clinical Counselor License Statement of Issues Attorney

The California Board of Behavioral Sciences thoroughly investigates all applicants for Licensed Professional Clinical Counselor Licenses. The California Board of Behavioral Sciences may deny a California Licensed Professional Clinical Counselor License to Licensed Professional Clinical Counselor students and Licensed Professional Clinical Counselors from other states and countries. Most California Licensed Professional Clinical Counselor License denials occur due to criminal convictions, financial problems or misstatements on the Licensed Professional Clinical Counselor 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 Licensed Professional Clinical Counselor License should contact a California Licensed Professional Clinical Counselor License Denial Lawyer for representation in a California Board of Behavioral Sciences Statement of Issues Hearing.

California Licensed Professional Clinical Counselor Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Licensed Professional Clinical Counselors who have received a Licensed Professional Clinical Counselor 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 Licensed Professional Clinical Counselor License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Board of Behavioral Sciences. A successful Licensed Professional Clinical Counselor License Petition for Reinstatement requires representation by an experienced California Licensed Professional Clinical Counselor License Defense Attorney.