California Administrative Law
California Administrative Law Attorney
Our firm practices California Administrative Law. Administrative Law is the laws, regulations and rules that governs disciplinary proceedings with government agencies and other public entities. Millions of individuals and businesses in California maintain licenses issued by California Administrative Licensing Boards. These licenses and permits are often subject to disciplinary action by California Administrative licensing entities. Many other individuals in California are subject to the regulatory oversight of California state and local agencies. The California Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Administrative Law proceedings in California should seek legal representation from an experienced California Administrative Law Defense Attorney. Administrative Law in California involves several different practice areas:
- California Medical License Defense
- California Professional License Defense
- California Business License Defense
- California Financial License Defense
- California Business Regulatory Compliance
- California Education Law
- California Municipal Business License Defense
California Administrative Law Investigations Lawyer
The majority of California Administrative disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also occur through sting operations, criminal conviction referrals and criminal investigations. Many California Administrative Law agencies utilize non sworn civilian investigators to conduct non criminal investigations. Some California Administrative entities employ sworn Peace Officer Investigators to conduct criminal investigations arising from criminal law. 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 Administrative Law disciplinary process. At the conclusion of a California Administrative Law investigation, the California licensing entity has several options. The California Administrative Law agency can choose to close the Complaint. The California Administrative agency can choose to issue a Citation. California Administrative entities can also choose to refer the matter to its respective legal counsel for the filing of formal Administrative disciplinary charges, generally called an Accusation. State legal counsel will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the California Administrative Law agency may refer the case to the District Attorney’s Office for criminal prosecution. If you are a California Professional License holder facing a California Administrative Law investigation, contact a California Administrative Law Defense Attorney for representation.
California License Accusation Defense Attorney
A formal Accusation served on a California Professional License holder serves as notice to a licensee that the Administrative Law agency intends to revoke the Business or Professional License. The licensee, 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 California Professional licensee. A Default will result in the immediate Revocation of the California Administrative license.
An Accusation is a serious matter that can result in the suspension or revocation of a Business or Professional License in California. In many cases, it is possible for licensees to reach a Stipulated Agreement with California Administrative 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) or similar Administrative Law Hearing venue. Licensees facing a California Licensing Board Accusation should contact an experienced California Administrative Law Defense Lawyer for representation.
California Administrative Law Hearing Defense Attorney
The California Office of Administrative Hearings, also known as OAH hears most Administrative Law disciplinary matters. 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 licensing agency can adopt, modify or reject the ALJ’s Proposed Decision. The Administrative Licensing entities 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 licensee 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. California Business and Professional licensees facing a California Licensing Board Administrative Law Hearing need effective representation from a California Administrative Hearing Defense Lawyer.
California Administrative Law and Criminal Convictions
California Administrative Licensing Boards can discipline licensee owners, officers and managers for criminal convictions. Administrative Law discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of the respective Business or Professional License. Common criminal offenses that can cause California Administrative License discipline are:
California Administrative Licensing Boards and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their business. In serious criminal cases against California Administrative licensees pending in Criminal Court, a California Administrative Licensing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the licensee. A California Penal Code § 23 Order seeks to suspend a Business or Professional License in Criminal Court. California Administrative licensees facing criminal charges and licensees who are convicted of criminal offenses need an experienced California Administrative License Defense Attorney for representation in California Administrative Law disciplinary proceedings.
California Administrative Law Statement of Issues (Denial) Defense Attorney
California licensing agencies thoroughly investigates all applicants for Business and Professional Licenses. The California Licensing Board may deny a California Business or Professional License to students and licensees from other states and countries. Most California Administrative License denials occur due to criminal convictions, financial problems or misstatements on the 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. Businesses and individuals denied a License by an Administrative Law agency should contact a California Administrative License Denial Lawyer for representation in a Statement of Issues Hearing.
California Administrative Law Petition for Reinstatement Lawyer
A Petition for Reinstatement allows individuals who have received a California Professional License Revocation to reinstate their Professional License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the California Administrative License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement. A successful Business or Professional License Petition for Reinstatement requires representation by an experienced California Administrative Law Attorney.
California Administrative Law Licensing Lawyer
Administrative Law in California is standard throughout the state. All agencies and licensing entities generally adhere to the same regulations, rules and statutes governing Administrative Law. Administrative Law disciplinary legal issues can result in the loss of a business or professional license. Individuals and businesses facing an Administrative Law legal matter should contact a California Administrative Law Lawyer for representation. The firm practices in the following Locations of Practice representing individuals and businesses before the following California licensing entities: