San Jose Professional License Defense Attorney
Our firm practices San Jose Professional License Defense. Our San Jose Professional License Defense Lawyer represents licensees possessing the following California Professional licenses:
San Jose Professional License Defense Lawyer
Over one million individuals possess Professional licenses issued by California licensing Boards. Most California Professional providers have minimal or no contact with the disciplinary systems of the numerous California Professional Licensing Boards. For California Professional 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 Professional License discipline in San Jose should seek legal representation from an experienced San Jose Professional License Defense Attorney.
San Jose Professional License Investigation Defense Lawyer
Many California Professional 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 Professional 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 Professional License disciplinary process. At the conclusion of a California Professional 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 Professional licensee facing a California Administrative Law investigation, contact a San Jose Professional License Defense Attorney for representation.
San Jose Professional License Accusation Defense Attorney
A formal Accusation served on a California Professional Licensee serves as notice to a Professional licensee that the Board intends to revoke the individual’s 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 Professional License.
An Accusation is a serious matter that can result in the suspension or revocation of a Professional 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 Professional License Defense Attorney for representation.
San Jose Professional 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 Professional 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 Professional licensees facing a California Professional Licensing Board Administrative Law Hearing need effective representation from a San Jose Professional License Defense Lawyer.
San Jose Professional License and Criminal Convictions
California Professional 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 Professional licensee. Common criminal offenses that can cause California Professional License discipline are:
California Professional 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 Professional licensees pending in Criminal Court, a California Professional Licensing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Professional Licensee. A California Penal Code § 23 Order seeks to suspend a Professional License in Criminal Court.
California Professional Licensee facing criminal charges and licensees who are convicted of criminal offenses need an experienced California Professional License Defense Attorney for representation in California Administrative Law disciplinary proceedings.
San Jose Professional License Statement of Issues Attorney
California licensing agencies thoroughly investigates all applicants for Professional Licenses. The licensing Board may deny a California Professional License to students and licensees from other states and countries. Most California Professional 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 Professional License should contact a San Jose Professional License Denial Lawyer for representation in a Statement of Issues Hearing.
San Jose Professional License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows individuals who have received a 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 Professional License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement. A successful Professional License Petition for Reinstatement requires representation by an experienced San Jose Professional License Defense Attorney.