Administrative Law California – Administrative Law Basics
Under California Administrative Law (the law that governs laws regarding California professional licenses), those subjected to investigations into their moral fitness to hold a professional license, fall into two categories – license applicants and license holders.
Professional License Holders: If you currently hold a professional license such as nursing license, teaching credential, real estate brokers license, contractors license, daycare license, therapist license, insurance license, etc… and are convicted of a crime or accused of professional misconduct, your license may be subject to an investigation and discipline.
On the bright side, those who already hold professional licenses generally can avoid discipline of the license such as a suspension or revocation unless the licensing agency can prove via clear and convincing evidence that the license holder lacks the moral character or fitness to hold the license. When a professional licensing agency (most are based in Sacramento), such as the Commission on Teacher Credentialing, Board of Registered Nursing, Board of Vocational Nurses, Department of Real Estate, Department of Insurance, Board of Behavioral Sciences, Department of Social Services, Board of Psychology, etc…, seeks to discipline an existing license they must issue an Accusation. Thereafter, at an administrative hearing usually held at one of California’s several Offices of Administrative Hearings, the licensing agency must prove its case under the aforementioned clear and convincing standard. It is crucial that if you and your professional license are being investigated by one of California’s numerous professional licensing agencies that you contact administrative law California attorney Jonathan Turner.
Professional License Applicants: If you are applying for a professional license that you do not currently hold (as opposed to “renewing” a held license), and you have something such as a criminal conviction in your background, then an investigation may occur by the licensing agency into your moral fitness to hold a credential. For starters, if you are applying for a professional license and have a criminal history, contact Sacramento Expungement Lawyer Jonathan Turner to assist you in clearing your criminal record. Nonetheless, a criminal past will likely lead to an investigation. It is important to have legal counsel like Sacramento, California professional licensing attorney Jonathan Turner during all phases of a professional licensing investigation. That investigation may evolve into the generating of a Statement of Issues by the licensing board seeking to deny the license. Fortunately, the professional licensing agency’s proposed denial of the license application may be contested in the form of an administrative hearing as well. However, the burden of proof at the hearing is on the license applicant and not the governing board to prove that they are morally fit to hold the license. Sacramento, California Nursing License Attorney Jonathan Turner has handled dozens of administrative hearings successfully all over California.
If you are an applicant for a professional license and encouter problems in getting the license, immediately contact administrative law California attorney Jonathan Turner. Mr. Turner may be the difference in your obtaining the professional license that you have worked so hard to get.
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