Appealing A Professional Licensing Suspension, Revocation or Denial

by | Oct 15, 2024 | Professional License Law

California Administrative Law

Appealing California Professional Licensing Suspension, Revocation or Denial

When a professional licensing agency, such as the Commission on Teacher Credentialing, Board of Registered Nursing, or Department of Real Estate, opts to suspend, revoke, deny, or otherwise discipline a license following an administrative hearing, the licensee faces a critical decision: either accept the decision or appeal it.

Accepting the discipline can be difficult, as a professional license suspension remains on a professional’s record permanently, which may severely impact future employment opportunities. If the license is revoked, the individual can apply for reinstatement, but the chances of success are low. Similarly, if a license application is denied, reapplying is possible, but the likelihood of future acceptance remains slim. Given these significant consequences, it is often in the licensee’s best interest to appeal the licensing board’s or agency’s decision. Contact Sacramento, California Professional Licensing Attorney Jonathan Turner to explore this option.

An administrative writ of mandamus (or writ of mandate) is the legal process by which a licensee can appeal an administrative law decision. This writ is governed by California Code of Civil Procedure Sections 1094.5 (for administrative decisions) and/or 1085 (for ministerial actions). Filing a writ of mandate allows the superior court to review whether the agency’s decision complied with the law, followed the required procedures, and was supported by substantial evidence. However, writs of mandate are extremely complicated, and it is highly recommended that an individual not attempt to file one without the assistance of an experienced attorney.

Sacramento, California Administrative Law Attorney Jonathan Turner has been handling writs of mandate since 1998, and his expertise in this area is invaluable for professionals seeking to challenge a licensing decision. Most California writs of mandate should be filed in Sacramento Superior Court, as many of the state’s professional licensing agencies are based in Sacramento. As a seasoned attorney based in Sacramento, Jonathan Turner is well-versed in navigating the processes of the Sacramento Superior Court.

When a writ of mandate is filed, the superior court judge independently reviews the evidence and legal standards used by the licensing board. This allows the licensee to present their case anew, giving them a critical opportunity to overturn or modify the agency’s decision. It is essential to provide a thorough and compelling argument based on both legal and factual grounds. Sacramento, California Nursing License Attorney Jonathan Turner has successfully used the writ of mandate process to preserve and restore the professional licenses of numerous clients, safeguarding their careers and livelihoods.

If you are facing a professional license investigation or disciplinary action by the Department of Real Estate, Board of Registered Nursing, Commission on Teacher Credentialing, Board of Behavioral Sciences, Department of Social Services, Department of Insurance, Contractors State License Board, or any other California licensing board, don’t wait. Time is of the essence, as there are strict deadlines for filing a writ of mandate, typically within 30 days of the agency’s final decision. Contact Administrative Law Attorney Jonathan Turner for a free consultation and to ensure that your rights and professional future are protected.

Legal Trouble With Your Professional Licensing Board? Call for FREE consultation.

(916) 471-6506

LEGAL TROUBLE WITH YOUR PROFESSIONAL LICENSING BOARD?

If you received a denial of a professional license or any threat to your ability to continue practicing your profession, please contact attorney Jonathan Turner using this contact form or call (916) 471-6506 for a personal conversation.





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