California Veterinary Medical Board License Defense Attorney

California Veterinary Medical Board License Defense Lawyer

The California Veterinary Medical Board, known as the VMB, licenses approximately 17,000 Veterinarians in the State of California. Most California Veterinarians have minimal or no contact with the enforcement arm of the California Veterinary Medical Board. For Veterinarians who become part of the California Veterinary Medical Board disciplinary process, the consequences are profound. The Veterinarian License disciplinary process is complex, procedural and time consuming. Veterinarians facing the California Veterinary Medical Board disciplinary process should seek legal representation from an experienced California Veterinary Medical Board License Defense Attorney.

California Veterinary Medical Board Investigation Defense Lawyer

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

California Veterinary Medical Board Accusation Defense Attorney

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

An Accusation is a serious matter that can result in the suspension or revocation of a Veterinarian License in California. In many cases, it is possible for Veterinarians to reach a Stipulated Agreement with the Attorney General’s Office and California Veterinary Medical 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). Veterinarians facing a California Veterinary Medical Board Accusation should contact an experienced California Veterinary Medical Board License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Veterinarians include:

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

California Veterinary Medical Board License and Criminal Convictions

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

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

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

California Veterinary Medical Board Statement of Issues Attorney

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

California Veterinary Medical Board Petition for Reinstatement Lawyer

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