California Administrative Law Lawyer – Reconsideration and Writ of Mandate
Administrative law which governs the legal process surrounding professional licenses allots for a special type of appeals process.
If a California professional licensing agency such as the Commission on Teacher Credentialing, Board of Registered Nursing, Department of Real Estate, or Department of Insurance just to name a few, orders the discipline of a license following an administrative hearing, you have two appeal options.
One option is to request Reconsideration of the decision to discipline the license. Generally, reconsideration is only fruitful if the licensee has some new and relevant evidence and/or information to submit which was not available at the time of the administrative hearing. Reconsideration may apply if newly discovered evidence or witnesses emerge following the hearing. As you can imagine, it is only under very rare circumstances that a request for reconsideration is granted. Typically, licensing boards and agencies will deny reconsideration if the licensee simply wants to use it as a vehicle to beg for a better result.
The second and more viable option is a Writ of Mandate or Writ of Mandamus. This appeal option is typically available for 30 days following the enforcement of the discipline (e.g. the beginning of the suspension or revocation date). Writs are extremely complicated and it is highly recommended that you engage the services of an administrative law or professional licensing attorney to do it. Most writs are filed in Sacramento Superior Court since nearly all of California’s licensing agencies including the ones name above and the Board of Behavioral Sciences, the Department of Consumer Affairs, the Board of Vocational Nursing, the Department of Social Services, etc… are based in Sacramento. In a writ, the licensee is asking a superior court judge to review the professional licensing agency’s decision. The writ judge will evaluate the evidence presented by both sides at the admin hearing as well as other issues related to fairness and due process. Ultimately, usually within about 4 – 6 months of the writ’s filing, the judge will make a final decision.
If your professional license such as a teaching credential, nursing license, brokers license, etc… has been suspended or revoked your career will forever be jeopardized. Though reinstatement of a revoked license is possible in the future, such reinstatement likely will not happen for at least 5 years from the time of revocation. Thus, if your California professional license has been disciplined or is under investigation, contact California administrative law lawyer Jonathan Turner. California administrative law lawyer Jonathan Turner has vast experience not only in administrative hearings but also regarding administrative writs of mandate.
3620 American River Drive, Suite 120 | Sacramento, CA 95864
Telephone: (916) 471-6506
Fax: (916) 471-6508