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CA Professional License Reporting Requirements
Do I Need to Notify the CA Board, Bureau, Commission or Department of Consumer Affairs if I am Arrested, Convicted or Have Another License Disciplined? California’s numerous professional licensing boards, commissions, bureaus and departments are governed by numerous statutes, rules and regulations specific to the particular license at issue. For example, the key statutes pertaining […]
Appealing A Professional Licensing Suspension, Revocation or Denial
To appeal a professional license suspension, revocation, or denial by a California licensing agency, a licensee can file an administrative writ of mandamus (or writ of mandate) under California law. This legal process asks a superior court to review the agency’s decision for legal compliance, fairness, and evidence support. Accepting the discipline can result in permanent consequences, like having the suspension or revocation on record indefinitely, with slim chances of reinstatement or approval on reapplication.
Because writs of mandate are highly complex and must typically be filed in Sacramento Superior Court, it is crucial to seek experienced legal help. Jonathan Turner, an administrative law attorney based in Sacramento, has handled these writs since 1998. He can help licensees prepare a strong case to challenge agency decisions. There is a strict deadline of 30 days for filing the writ, so prompt action is important. Contact Jonathan Turner for a free consultation to discuss your options.
California Writ of Mandate
An Administrative Writ of Mandamus (or Writ of Mandate) under California Government Code Section 1094.5 is a legal procedure used to challenge the decision of a government agency regarding professional or other licenses (e.g., daycare or driver’s licenses). After an administrative hearing, typically overseen by an Administrative Law Judge (ALJ), the agency reviews and finalizes the decision. If the license holder disagrees with the final decision, they have two options: request reconsideration if new evidence is available or file a writ of mandate in superior court. The court’s review is limited to whether the agency acted within its authority, followed proper procedures, and made a decision supported by evidence. These writs are complex and time-sensitive, usually requiring filing within 30 days. Consulting an experienced attorney like Jonathan Turner is crucial for navigating this process.
Professional License Revocation, Suspension and Denial
California’s professional licensing boards are increasingly becoming more vigilant in scrutinizing those who hold or are applying for a professional license such as a teaching credential, nursing license, real estate license, health services license, etc…
Such disciplinary actions often begin with a complaint lodged by a former employer or because of a criminal conviction. The California Licensing Board, such as the Board of Behavioral Sciences, the Board of Real Estate, the Board of Psychology, the Nursing Board, or the Commission on Teacher Credentialing, usually begins with an informal investigation asking for a written explanation from the professional license holder or applicant.
CA Medical Board, CA Dental Board and CA Psychology Board Investigations and Interviews of Licensees and Doctors
When a California professional licensing board receives a complaint against a licensee or information of misconduct (such as a criminal or driving under the influence arrest or conviction), the board will conduct an investigation. The California Department of Consumer Affairs, which oversees the CA Pharmacy Board, the CA Board of Registered Nursing, the CA Chiropractic Board and a number of other licensing boards in the healthcare field has legions of investigators whose job it is to contact licensees and inquire into the alleged misconduct, gross negligence, and/or unprofessional conduct.
Why Is the Board Seeking to Deny, Suspend or Revoke My Professional License?
I frequently get telephone calls from professional license applicants and holders including teachers, doctors, nurses, physical therapists, real estate agents and brokers, appraisers, all varieties of health care workers, etc… in shock because a CA licensing board and/or the CA Department of Consumer Affairs is seeking to discipline their license or deny their license application
California Department of Consumer Affairs Licence Investigation
The California Department of Consumer Affairs oversees the professional licensing for dozens of types of professional licenses including physical therapy licenses, nursing licenses, medical licenses, physicians assistant licenses, speech therapy licenses, pharmacist licenses, chiropractor licenses, dental and dental assistant licenses, and numerous other licenses in the health care and non-health care fields. If Consumer Affairs receives information that a licensee or license applicant has committed an act of dishonesty, crime or unprofessionalism, they will likely conduct an investigation
DUI Arrests & Convictions
Each California licensing board including the Department of Consumer Affairs, the Commission on Teacher Credentialing, the Board of Registered Nursing, the Licensed Vocational Nursing Board, the CA Medical Board, the CA Dental Board, the CA Department of Insurance, the Board of Behavioral Sciences, the Occupational Therapy Board, the Board of Psychology, the Board of Real Estate, the Court Reporters Board, the Veterinary Board, etc… has their own laws, rules and regulations regarding the handling of criminal arrests and convictions including DUIs.
California LVN License & RN License
There are two main types of nursing licenses (RN and LVN) in California and they are governed by separate licensing agencies/boards.
Licensed Vocational Nurses or LVNs obtain licenses from the Board of Vocational Nursing and Psychiatric Technicians. Registered Nurses or RN Licenses are governed by the Board of Registered Nursing.
The Right to an Attorney in California Administrative Hearings and Professional License Discipline Matters
California professional license holders as well as professional license applicants have due process rights which include the right to have an attorney represent them during all stages of their administrative law case. This means that if you are a California medical doctor, nurse, pharmacist, chiropractor, physical therapist, dentist, certified public accountant, psychologist, respiratory therapist, real estate broker, insurance agent, credentialed teacher, or any other licensed professional or professional license applicant you have the right to an attorney if your applicable governing board or agency is seeking to revoke, suspend, deny or otherwise discipline your license.
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.