Accusation, Statement of Issues, Notice of Defense and Statement to Respondent
When a California professional licensing board or agency seeks to discipline (e.g. suspend or revoke) a license or deny a license application, the licensee if afforded the right to contest that disciplinary decision by requesting an administrative hearing under the CA Government Code beginning with Section 11500 (also known as the Administrative Procedures Act).
When the licensee or license applicant exercises their right of requesting an administrative hearing, they will eventually receive a packet of documents in the mail normally sent via certified mail. This packet is similar for all sorts of CA professional licenses including those governed by the Department of Consumer Affairs, the CA Dental Board, the CA Medical Board, the CA Pharmacy Board, the CA Bureau of Real Estate, the CA Department of Insurance, the CA Commission on Teacher Credentialing, the CA Board of Registered Nursing, the CA Board of Licenses Vocational Nursing, the Department of Social Services, the CA Board of Behavioral Services, the CA Board of Psychology, the CA Court Reporters Board, the CA Chiropractic Board, the CA Physical Therapy Board, the CA Board of Occupational Therapy, the CA Board of Real Estate Appraisers, CA Bureau of Automotive Repair, CA State Bar, etc…
These documents include an Accusation (for license holders) or a Statement of Issues (for license applicants), a Notice of Defense, and a Statement to Respondent. A response to the Accusation or Statement of Issues must be filed with the board or agency within 15 days of receipt. It goes without saying that if you receive such a packet you should retain the services of an experienced CA Professional License Defense Attorney like Jonathan Turner right away if you haven’t already hired an administrative law attorney.
The licensee or license applicant may use the Notice of Defense supplied to respond to the Accusation or Statement of Issues. It can be filled out including the name and contact information for your attorney. However, as a professional license defense attorney doing this since 1998, I prefer to file my own more detailed Notice of Defense with the Board on behalf of my clients.
The Statement to Respondent is also an important document in that it lays out rules concerning discovery. It indicates that discovery i.e. evidence the licensee or license applicant plans on using on their behalf at the forthcoming administrative hearing should be provided to the attorney representing the board or agency (usually a deputy attorney general) in advance. Also, the Statement to Respondent indicates the pursuant to the rules of discovery (see CA Government Code section 11507.6) the licensee is entitled to a copy of their entire file with the board or licensing agency in advance of the hearing. It is very important that these discovery rules and rights are followed by the licensee and their attorney.
In sum, if you hold or are applying for a CA teaching credential, CA medical license, CA dental license, CA nursing license (RN or LVN), CA physical therapy license, CA chiropractic license, CA court reporting license, CA bail bond license, CA brokers or real estate license, CA pharmacy license, CA psychology license, CA occupational therapist license, CA real estate appraisers license, CA attorneys/bar license, CA speech therapists license, CA accounting/CPA license, etc… and you receive an Accusation or Statement of Issues along with a Notice of Defense and Statement to Respondent, contact CA professional license defense attorney Jonathan Turner right away for a consult.