California Structural Pest Control Board License Defense Attorney

California Structural Pest Control Board License Defense Lawyer

The California Structural Pest Control Board, known as the SPCB, licenses thousands of Pest Control Operators in the State of California. Most California Pest Control Operators have minimal or no contact with the enforcement arm of the California Structural Pest Control Board. For Pest Control Operators who become part of the California Structural Pest Control Board’s disciplinary process, the consequences are profound. The Pest Control Operator License disciplinary process is complex, procedural and time consuming. Pest Control Operators facing the California Structural Pest Control Board disciplinary process should seek legal representation from an experienced California Pest Control Operator License Defense Attorney.

California SPCB Investigation Defense Lawyer

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

California Pest Control Operator License Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of a Pest Control Operator License in California. In many cases, it is possible for Pest Control Operators to reach a Stipulated Agreement with the Attorney General’s Office and California Structural Pest Control 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).

Pest Control Operators facing a California Structural Pest Control Board Accusation should contact an experienced California Pest Control Operator License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Pest Control Operators include:

California Pest Control Operator 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 Structural Pest Control Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Structural Pest Control 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 Pest Control Operator 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 Pest Control Operator 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 Pest Control Operators facing a California Structural Pest Control Board Administrative Law Hearing need effective representation from a California Pest Control Operator License Defense Lawyer.

California Pest Control Operator License and Criminal Convictions

The California Structural Pest Control Board can discipline Pest Control Operators for criminal convictions. California Structural Pest Control Board discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of a Pest Control Operator. Common criminal offenses that can cause Pest Control Operator License discipline are:

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

Pest Control Operators facing criminal charges and Pest Control Operators who are convicted of criminal offenses need an experienced California Pest Control Operator License Defense Attorney for representation in disciplinary proceedings before the California Structural Pest Control Board.

California Pest Control Operator License Statement of Issues Attorney

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

California SPCB Petition for Reinstatement Lawyer

A Petition for Reinstatement allows Pest Control Operators who have received a Pest Control Operator 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 Pest Control Operator License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement before the California Structural Pest Control Board. A successful Pest Control Operator License Petition for Reinstatement requires representation by an experienced California Pest Control Operator License Defense Attorney.