California Registered Psychologist License Defense Attorney

California Board of Psychology License Defense Lawyer

The California Board of Psychology, known as the BOP, licenses approximately 300 Registered Psychologists in the State of California. Most California Registered Psychologists have minimal or no contact with the enforcement arm of the California Board of Psychology. For Registered Psychologists who become part of the California Board of Psychology’s disciplinary process, the consequences are profound. The Registered Psychologist License disciplinary process is complex, procedural and time consuming. Registered Psychologists facing the California Board of Psychology disciplinary process should seek legal representation from an experienced California Registered Psychologist License Defense Attorney.

California Board of Psychology Investigation Defense Lawyer

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

California Registered Psychologist License Accusation Defense Attorney

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

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

Registered Psychologists facing a California Board of Psychology Accusation should contact an experienced California Registered Psychologist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Registered Psychologists include:

California Registered Psychologist License Hearing Attorney

The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. 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 Psychology can adopt, modify or reject the ALJ’s Proposed Decision. The California Board of Psychology’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 Registered Psychologist 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 Registered Psychologist 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 Registered Psychologists facing a California Board of Psychology Administrative Law Hearing need effective representation from a California Registered Psychologist License Defense Lawyer.

California Registered Psychologist License and Criminal Convictions

The California Board of Psychology can discipline Registered Psychologists for criminal convictions. California Board of Psychology discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Registered Psychologist. Common criminal offenses that can cause Registered Psychologist License discipline are:

The California Board of Psychology and other law enforcement agencies also investigate criminal conduct by Registered Psychologists in the course and scope of their practice. Criminal investigations often involve Registered Psychologists engaged in Insurance Fraud. In serious criminal cases against Registered Psychologists pending in Criminal Court, the California Board of Psychology and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Registered Psychologist. A California Penal Code § 23 Order seeks to suspend a Registered Psychologist License in Criminal Court.

Registered Psychologists facing criminal charges and Registered Psychologists who are convicted of criminal offenses need an experienced California Registered Psychologist License Defense Attorney for representation in disciplinary proceedings before the California Board of Psychology.

California Registered Psychologist License Statement of Issues Attorney

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

California Registered Psychologist Petition for Reinstatement Lawyer

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