California Polysomnographic Technologist License Defense Attorney

Medical Board of California License Defense Lawyer

The Medical Board of California, known as the MCB, licenses several thousand Polysomnographic Technologists in the State of California. Most California Polysomnographic Technologists have minimal or no contact with the enforcement arm of the Medical Board of California. For Polysomnographic Technologists who become part of the Medical Board of California’ disciplinary process, the consequences are profound. The Polysomnographic Technologist License disciplinary process is complex, procedural and time consuming. Polysomnographic Technologists facing the Medical Board of California disciplinary process should seek legal representation from an experienced California Polysomnographic Technologist License Defense Attorney.

Medical Board of California Investigation Defense Lawyer

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

California Polysomnographic Technologist License Accusation Defense Attorney

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

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

Polysomnographic Technologists facing a Medical Board of California Accusation should contact an experienced California Polysomnographic Technologist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Polysomnographic Technologists include:

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

California Polysomnographic Technologist License and Criminal Convictions

The Medical Board of California can discipline Polysomnographic Technologists for criminal convictions. Medical Board of California discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Polysomnographic Technologist. Common criminal offenses that can cause Polysomnographic Technologist License discipline are:

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

Polysomnographic Technologists facing criminal charges and Polysomnographic Technologists who are convicted of criminal offenses need an experienced California Polysomnographic Technologist License Defense Attorney for representation in disciplinary proceedings before the Medical Board of California.

California Polysomnographic Technologist License Statement of Issues Attorney

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

California Polysomnographic Technologist Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Polysomnographic Technologists who have received a Polysomnographic Technologist 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 Polysomnographic Technologist License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the Medical Board of California. A successful Polysomnographic Technologist License Petition for Reinstatement requires representation by an experienced California Polysomnographic Technologist License Defense Attorney.