Legal proceedings regarding the denial, suspension, revocation and/or discipline of a professional license or other state-issued license are governed by Administrative Law.
Administrative law is a unique field of law that involves rules, regulations and statutes found in the California Government Code (specifically sections 11500-11529 also known as the Administrative Procedures Act or APA), California Business and Professions Code, and the California Code of Regulations.
Our administrative law practice has handled cases involving the following professions and boards, among others:
- Residential Rehabilitation and Alcohol and Drug Recovery Facilities (Department of Health Care Services)
- California Board Of Optometry
- Osteopathic Medical Doctors – Osteopathic Medical Board of CA
- Podiatrists – CA Board of Podiatric Medicine
- Teaching licenses/credentials: CA Commission on Teacher Credentialing
- Veterinary licenses: CA Veterinary Medical Board
- Real Estate licenses: Bureau of Real Estate
- Insurances licenses: CA Department of Insurance
- Nursing Licenses & Nurse Practitioners: CA Board of Registered Nursing
- Medical licenses: Medical Board of CA
- Psychologist licenses: CA Board of Psychology
- Therapists licenses: CA Board of Behavioral Sciences
- Attorney/lawyer licenses: State Bar of CA
- Contractors licenses: Contractors State License Board
- Salespersons licenses: CA Department of Consumer Affairs
- Dental licenses: Dental Board of CA
- Pharmacists licenses: Board of Pharmacy
- Chiropractors licenses: CA Board of Chiropractic Examiners
- Physical Therapy and Physical Therapy Assistant licenses: Physical Therapy Board of California (PTBC)
- Occupational Therapy licenses: California Board of Occupational Therapy
- Speech Language Pathology Licenses: California Department of Consumer Affairs
- Child Day Care Licenses
- Certified Court Reporters Licenses
- Engineer, Land Surveyor and Geologist Licenses
- Paramedic Licenses
- Respiratory Care Licenses
- California Bureau of Automotive Repair Cases
- Health Care Facility Licenses and Certificates
- Insurance Fraud, Medi-Cal Fraud, and Elder Abuse Cases
California administrative law attorney Jonathan Turner has practiced administrative law since 1998 and has handled cases involving just about every license governed by the State of California and its licensing boards and agencies (teaching credentials, administrative credentials, nursing licenses, real estate licenses, psychology licenses, therapists licenses, health care licenses, daycare licenses, foster care licenses, court reporting licenses, medical licenses, attorney licenses, veterinarian licenses, insurance licenses, contractors licenses, real estate appraisers licenses, etc…). Most of California’s licensing agencies are located in Sacramento, California as is the Law Office of Jonathan Turner.
Administrative law attorneys are synonymous with professional licensing attorneys and should be consulted any time a person is being investigated by a licensing agency. Typically, licensing agencies gain jurisdiction to investigate a license holder or license applicant if one of several things occur – a criminal conviction, a criminal arrest, an allegation of dishonesty or gross negligence, or the revelation that another professional license has been disciplined in the past.
Once the licensing agency has jurisdiction, an investigation will occur and the licensee or license applicant will be apprised of such usually by a letter. It is most important that the investigated party consult with an administrative attorney like Jonathan Turner at this critical juncture. Each California licensing agency has its own set of rules and regulations for how an investigation is to be conducted. These rules are generally found in the California Code of Regulations, Government Code’s Administrative Procedures Act (APA), and/or Business and Professions Code. Licensing investigations may include the submission of documents and written materials such as personal letters of explanation, letters of support, work performance evaluations, police reports and court documents. They may also entail meetings or interviews with the licensing board committees, representatives and/or investigators in Sacramento. Administrative law attorney Jonathan Turner has successfully guided numerous individuals through this stressful investigation period.
Following its investigation, the licensing board will make a decision regarding the license. The board could decide to close the investigation without discipline being taken. But, the licensing agency may recommend discipline including denial of the license, placement on probation, a private reprimand, a public reproval or reprimand, license suspension, or license revocation.
If the agency opts for discipline, the licensee has the right to contest the discipline by requesting an administrative hearing. Administrative hearings are formal hearings held normally at one of California’s Offices of Administrative Hearings in San Diego, Los Angeles, Oakland and Sacramento. The hearing is held before an administrative law judge (ALJ) and the licensing agency is usually represented by an attorney such as a deputy attorney general. Evidence in the form of documents and live witness testimony may be presented and is governed by the unique rules of administrative law. It is vital that a licensee or license applicant have a professional licensing attorney like Jonathan Turner at the hearing. Mr. Turner has handled countless numbers of administrative hearings all over California with excellent results.
Following the administrative hearing, the ALJ issues a written decision recommending what, if any, discipline should be taken against the license. The licensing agency may adopt the judge’s decision or reject it and impose its own form of discipline. Either way, the licensee’s only options at this point are to accept the board’s decision, request reconsideration, or appeal the decision via an administrative writ of mandamus (writ of mandate) per Code of Civil Procedure section 1094.5. Administrative Law Attorney Jonathan Turner is the rare attorney experienced in handling the complexities of writs of mandate in California.
In summary, administrative law which covers the professional licensing process in California is a unique area of law requiring the expertise of a seasoned and experienced professional licensing attorney like Jonathan Turner. If you have any administrative law types questions, contact Professional Licensing Attorney Jonathan Turner for a free consultation.
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) 471-6505 for a personal conversation.