San Jose Financial License Defense Attorney
Our firm practices San Jose Financial License Defense. Our San Jose Financial License Defense Lawyer represents licensees possessing the following California Financial licenses:
Our firm also represents individuals facing California Department of Financial Protection and Innovation Cease and Desist Orders and individuals facing Fair Political Practice Commission Violations.
San Jose Financial License Defense Lawyer
Over one million individuals possess financial licenses issued by California licensing Boards. Most California Financial professionals have minimal or no contact with the disciplinary systems of the numerous California Financial Licensing Boards. For California Financial 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 Financial License discipline should seek legal representation from an experienced San Jose Financial License Defense Attorney.
San Jose Financial License Investigation Defense Lawyer
The majority of California Financial License disciplinary investigations occur in San Jose. The 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 Financial 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 Financial License disciplinary process. At the conclusion of a California Financial 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 Financial licensee facing a California Administrative Law investigation, contact a San Jose Financial License Defense Attorney for representation.
San Jose Financial License Accusation Defense Attorney
A formal Accusation served on a California Financial Licensee serves as notice to a financial licensee that the Board intends to revoke the individual’s Financial 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 Financial licensee. A Default will result in the immediate Revocation of the California Financial License.
An Accusation is a serious matter that can result in the suspension or revocation of a Financial 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 Financial License Defense Attorney for representation.
San Jose Financial 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 Financial 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 Financial licensees facing a California Financial Licensing Board Administrative Law Hearing need effective representation from a San Jose Financial License Defense Lawyer.
San Jose Financial License and Criminal Convictions
California Financial Licensing Boards can discipline licensees for criminal convictions. Administrative Law discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of the respective Financial licensee. Common criminal offenses that can cause California Financial License discipline are:
California Financial Licensing Boards and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their practice. In serious criminal cases against Financial licensees pending in Criminal Court, a California Financial Licensing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Financial Licensee. A California Penal Code § 23 Order seeks to suspend a Financial License in Criminal Court. California Financial Licensee facing criminal charges and licensees who are convicted of criminal offenses need an experienced California Financial License Defense Attorney for representation in California Administrative Law disciplinary proceedings.
San Jose Financial License Statement of Issues Attorney
California licensing agencies thoroughly investigates all applicants for Financial Licenses. The licensing Board may deny a California Financial License to students and licensees from other states and countries. Most California Financial 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 Financial License should contact a San Jose Financial License Denial Lawyer for representation in a Statement of Issues Hearing.
San Jose Financial License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows individuals who have received a License Revocation to reinstate their Financial License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Financial License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement. A successful Financial License Petition for Reinstatement requires representation by an experienced San Jose Financial License Defense Attorney.