Our firm practices San Jose Business License Defense. Our firm represents licensees possessing the following California Business licenses:
Our firm also represents business requiring California Air Resources Board Enforcement Violations Defense, California Department of Social Services Criminal Records Exemptions Defense and Police Permit Appeals.
San Jose Business License Defense Lawyer
Nearly one million businesses maintain licenses issued by California licensing Boards. Most California Business licensees have minimal or no contact with the disciplinary systems of the numerous California Business Licensing Boards. For California Business licensees who become part of the California Administrative Law disciplinary process, the consequences are profound. The California Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Business License discipline should seek legal representation from an experienced San Jose Business License Defense Attorney.
San Jose Business License Investigation Defense Lawyer
Many California Business License disciplinary investigations occur in San Jose. Investigations often begin with the filing of a consumer Complaint. However, disciplinary Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The licensing boards under the California Department of Consumer Affairs utilize non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs also employs sworn Peace Officer Investigators to conduct criminal investigations against Business licensees. 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 Business License disciplinary process. At the conclusion of a California Business Licensing 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 California Business licensee facing a California Administrative Law investigation, contact a San Jose Business License Defense Attorney for representation.
San Jose Business License Accusation Defense Attorney
A formal Accusation served on a California Business Licensee serves as notice to a Business licensee that the Board intends to revoke the individual’s Business 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 Business licensee. A Default will result in the immediate Revocation of the California Business License.
An Accusation is a serious matter that can result in the suspension or revocation of a Business License in California. In many cases, it is possible for licensees to reach a Stipulated Agreement with the Attorney General’s Office and California 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) in Oakland.
Licensees facing a California Licensing Board Accusation should contact an experienced San Jose Business License Defense Attorney for representation.
San Jose Business License Hearing Attorney
The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. All San Jose Administrative Law matters are heard at the OAH Oakland Office. 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 Boards’ 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 Business 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 licensees facing a California Business Licensing Board Administrative Law Hearing need effective representation from a San Jose Business License Defense Lawyer.
San Jose Business License and Criminal Convictions
California Business 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 licensee. Common criminal offenses that can cause California Business License discipline are:
California Business 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 Business licensees pending in Criminal Court, a California Business Licensing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Business Licensee. A California Penal Code § 23 Order seeks to suspend a Business License in Criminal Court.
California Business Licensee facing criminal charges and licensees who are convicted of criminal offenses need an experienced California Business License Defense Attorney for representation in California Administrative Law disciplinary proceedings.
San Jose Business License Statement of Issues Attorney
California licensing agencies thoroughly investigates all applicants for Business Licenses. The licensing Board may deny a California Business License to students and licensees from other states and countries. Most California Business 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. Individuals denied a Business License should contact a San Jose Business License Denial Lawyer for representation in a Statement of Issues Hearing.
San Jose Business License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows individuals who have received a License Revocation to reinstate their Business License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Business License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement. A successful Business License Petition for Reinstatement requires representation by an experienced San Jose Business License Defense Attorney.