California Administrative Law pertains to the type of law that deals with professional licenses including the disciplining of those licenses. The California Government Code lays out some of the basic rules regarding the administrative law and professional licensing hearing process.
CA Professional Licenses: Reinstatement Petitions, License Surrender, Reconsideration and Writs of Mandamus
Administrative law and professional license defense is a unique area of law with its own laws, statutes, rules and regulations. As such, if you are dealing with a professional licensing matter with one of California’s numerous licensing boards or agencies such as the CA Board of Registered Nursing, the Commission on Teacher Credentialing, the CA Department of Consumer Affairs, the CA Department of Insurance, the CA Bureau of Real Estate, the Board of Behavioral Sciences or the Department of Social Services, you need an experienced professional license defense attorney.
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).
Not surprisingly, it is not uncommon for a CA licensed professional (medical doctor or physician’s assistant, credentialed teacher or educator, registered nurse, licensed vocational nurse, real estate broker or appraiser, insurance agent, dentist, physical therapist, occupational therapist, psychologist, pharmacist, attorney, veterinarian, court reporter, chiropractor, bail bondsman, etc…) to be arrested for a misdemeanor such as driving under the influence (DUI) or even a felony.
Driving Under the Influence or DUI (CA Vehicle Code section 23152) is a crime that nearly anyone may commit including licensed nurses (registered nurses and LVNs), credentialed teachers, medical doctors, dentists, veterinarians, real estate brokers, insurance agents, physical therapists, occupational therapists, psychologists, physicians assistants, chiropractors, accountants, pharmacists, and any other California licensed professional.
California Business and Professions Code section 125.9 authorizes CA licensing boards and agencies to issue “citations” for misconduct. Such citations generally entail fines ranging from $250 up to $5,000 or more. More importantly, these citations are often public record and thus may mar a professional’s licensing record. Also Boards will keep such citations in their files and likely use them in the future to enhance a licensee’s punishment for future misconduct. In short, if you are a California licensed professional such as a chiropractor, psychologist, nurse, pharmacist, dentist, paramedic, real estate broker, insurance agent, or any other professional or a business like a smog shop licensed by the Bureau of Automotive Repair, and you receive a citation, it is important that you consult with an administrative lawyer and license defense specialist like Jonathan Turner right away.
New California Professional Licensing Laws and Regulations: Expungements and Penal Code Section 1203.4 Relief More Important than Ever for CA Professionals Facing Denial, Suspension and Revocation of Licenses.
California’s professional licensing agencies in Sacramento continue to amend their laws and regulations so as to give more benefits to license holders and applicants who are facing potential discipline based on a criminal conviction if the conviction is expunged i.e. dismissed pursuant to CA Penal Code section 1203.4.
The California Commission on Teacher Credentialing issues various credentials, beyond simply teaching credentials, allowing one to work in California’s public schools. These include:
Administrative Services Credentials – These allow one to work in administration such as being a principal or an assistant principal. Administrators are not immune from being disciplined by the Commission on Teacher Credentialing including having their credentials denied, suspended or revoked. Similar to teachers, administrators may be subject to investigations conducted by the Commission’s Division of Professional Practices and its Committee of Credentials for reasons such as the conviction of a crime, misdemeanor or felony, or resigning from employment due to allegations of misconduct.
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.
Many California physicians including those licensed by the CA Medical Board, CA Osteopathic Medical Board, CA Board of Podiatry, as well as registered nurses and other health care professionals possess professional licenses in not only California but other states as well. If an out of state license is disciplined including suspended, revoked, placed on probation, or surrendered in lieu of revocation, this likely will have consequences on the licensee’s California medical or nursing 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.