California Professional License Discipline for COVID Violations

California Professional License COVID Violation Defense Attorney 

The State of California is vigorously investigating licensed professionals and licensed businesses accused of violating state and local laws related to the COVID pandemic. Local jurisdictions and the State of California have enacted laws, regulation and rules related to Coronavirus. Local and state law enforcement and licensing boards are conducting targeted enforcement operations against licensed professionals and licensed businesses accused of violating COVID laws, regulations and rules. Consequences can include professional license discipline and criminal prosecution. Licensed professionals that can face professional and business license discipline for Coronavirus pandemic violations include:

• Barbers
• Chiropractors
• Contractors
• Dentists
• Osteopathic Physicians (Doctors)
• Physicians (Doctors)
• Pharmacists
• Physical Therapists
• Psychologists
• Registered Nurses
• Respiratory Therapists
• Veterinarians

Licensed businesses that can face license discipline for COVID pandemic violations include:

• Adult Residential Facilities
• Bars
• Barbershops
• Child Care Centers
• Day Cares
• Firearms Training Facilities
• Hair Salons & Nail Salons
• Lounges
• Nightclubs
• Preschools
• Private Patrol Operators
• Restaurants

Consequences of COVID law, regulation and rule violations can include Professional License and Business License revocation by the State of California and even criminal charges. California licensed professionals and licensed businesses facing allegations related to COVID violations should contact an experienced California Professional License Defense Attorney for representation.

California COVID Violations for Licensed Professionals and Licensed Businesses

California state licensing boards may consider COVID Violations to constitute Gross Negligence, Incompetence or Unprofessional Conduct. Licensed professionals and licensed businesses that commit COVID violations may be subject to discipline from California state licensing boards. The following violations of COVID laws, regulations and rules may result in disciplinary action against licensed professionals and businesses by California licensing boards:

• Failure to Adhere to COVID Safety Guidelines
• Failure to Sanitize Work Areas
• Failure to Require or Wear Masks
• Health Code Violations
• Municipal Code Violations
• Overcapacity
• Public Health Violations
• Stay at Home Order Violations
• Unlawful Operation

California Professional License COVID Investigation Defense Lawyer

The majority of California COVID violation investigations against licensed professionals and licensed businesses begin with the filing of a consumer Complaint. However, Coronavirus violation investigations also occur through sting operations, criminal conviction referrals and criminal investigations. Many California licensing boards utilize non sworn civilian investigators to conduct non criminal investigations. However, several California licensing agencies employ sworn Peace Officer Investigators to conduct criminal investigations against licensed professionals and licensed businesses accused of Coronavirus pandemic violations. The State of California has tasked numerous state agencies to respond to COVID related regulatory violations against licensed professionals and licensed businesses. Agencies involved in investigating licensed professionals and licensed businesses violating COVID restrictions include:

• California Department of Alcoholic Beverage Control
• California Department of Consumer Affairs
• California Board of Barbering & Cosmetology
• California Board of Chiropractic Examiners
• California Board of Pharmacy
• California Board of Psychology
• California Board of Registered Nursing
• California Veterinary Medical Board
• Contractors State License Board
• Dental Board of California
• Medical Board of California
• Physical Therapy Board of California
• Respiratory Care Board of California
• California Department of Insurance
• California Department of Social Services

It is important to have an attorney that understands issues faced by licensed professionals and licensed businesses facing disciplinary action for COVID violations. At the conclusion of an investigation, the licensing entity has several options. The licensing entity can choose to close the Complaint. The licensing entity can choose to issue a Citation. The licensing entity 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. The licensing entity may also refer the case to the District Attorney’s Office for criminal prosecution. If you are a licensed professional or licensed business facing an investigation for Coronavirus violations, contact a California Professional License Defense Attorney for representation.

California Professional License COVID Violation Accusation Defense Attorney

A formal Accusation served on a California licensed professional or licensed business serves as notice to a licensee that the licensing board intends to revoke the professional license or business license. An Accusation is a serious matter that can result in the suspension or revocation of a professional license or business license in California. In many cases, it is possible for licensees to reach a Stipulated Agreement with the Attorney General’s Office and licensing board. 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). Disciplinary Accusations involving COVID violations can result in revocation of the professional license or business license. Licensed professionals and licensed businesses facing a disciplinary Accusation due to COVID violations should contact an experienced California Professional License Defense Attorney for representation.

California Professional and Business License Hearing For COVID Violations

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 state licensing board can adopt, modify or reject the ALJ’s Proposed Decision. The licensing board’s 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 business or licensed professional 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 licensee 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. Licensing professionals and businesses facing an Administrative Law Hearing need effective representation from a California Professional License Defense Lawyer.

California Business and Professional License Discipline and Criminal Charges

California state licensing boards can discipline licensed businesses and licensed professionals for COVID violations that rise to the level of criminal activity, but also violates Administrative Law regulations. The Administrative Law disciplinary process is separate from the Criminal Law process. California licensing boards can discipline licensees for criminal convictions that are substantially related to the duties, functions and qualifications of a licensee. COVID violations resulting in criminal convictions may be substantially related to the duties, functions and qualifications of a particular licensed business or licensed professional.