California licensing boards initiate disciplinary actions with a document called an accusation. This process can end with many outcomes, including suspension or revocation of your professional license.
If you fail to assert a professional license defense, you may lose your livelihood. Fortunately, an accusation is just the first step in the process, and you and your defense team can tell your side of the story to pursue a positive outcome in the proceedings.
How an Accusation Begins
The accusation usually arises from a complaint to the licensing board about your conduct. It could come from anyone, including the following:
- Client or customer
- Current or former employee
- Colleague
- Member of the public
Unlike in a lawsuit, the complainant does not need to prove that they were harmed by your conduct. Anyone can file a complaint alleging that you violated the rules governing your profession.
For example, a member of the public could complain to the contractor’s licensing board that you violated the advertising rules even though the complainant was not misled by the message.
Accusations could also be based on two additional sources. First, you can self-report conduct that might constitute a violation. This may be a good strategy for getting ahead of information that the board will learn anyway, such as a felony arrest.
Second, boards can raise licensing issues “sua sponte.” This means the board can act on information it learns on its own. For example, a board member may hear rumors that you charged clients but failed to perform the promised work. The board can look into these rumors without waiting for a complaint.
Accusation Contents
The board’s investigators will investigate the complaint. This investigation may include talking to witnesses and gathering documents and records. The investigators may contact you for additional information. Strongly consider consulting a lawyer if investigators ask to speak to you or review your records and communications.
Not all cases move forward. The investigator might determine that you did not breach your profession’s rules and close the case. However, the board’s legal staff will prepare an accusation if the investigator determines your conduct may have violated the board’s rules.
Under California law, the accusation must contain a “written statement of charges” that describes the acts or omissions that allegedly violate the board’s rules. Since this is a legal document, it may read like a lawsuit with specific names, dates, and acts. The accusation may also include exhibits to support the charges, such as emails and financial records.
The accusation will also identify the rules the legal staff believes you may have broken. Although the accusation might involve technical and legal interpretations, California law requires the board to use “ordinary and concise” language so you can prepare your professional license defense.
How the Accusation Can End
The outcome of the accusation might include the following:
Default
A default happens when you do not respond to the accusation. You must take two steps to respond. First, you must file a Notice of Defense within 15 days after the accusation is served on you. Second, you must appear at the hearing before an administrative judge.
If you skip those steps, the board can deem the allegations in the accusation as true and enter a default decision against you. In many cases, a default will result in a revocation. Thus, you must mount a professional license defense to preserve your livelihood.
Dismissal or Withdrawal of the Case
Your attorney might provide legal arguments that establish that no violation could have occurred even if the board proves its case. Based on your defense, the administrative law judge might dismiss the accusation as failing to state grounds for discipline.
Alternatively, the board might withdraw the accusation. In either case, an aggressive and well-supported defense strategy might save you from a license suspension or revocation.
Stipulated Agreement
A stipulated agreement is a settlement of your accusation. Your professional license defense lawyer will negotiate with the board’s legal staff to see if you can end your case without an adverse decision.
In many cases, a board will accept probation or suspension if that will save the time and effort of an administrative hearing. However, a stipulated agreement will not guarantee that you keep your license. You might need to agree to surrender your license in exchange for ending the accusation. Thus, you might lose your license, but avoid the embarrassment and legal jeopardy that might come with an administrative hearing.
Hearing Decision
If your case goes to a hearing, each side will present evidence to an administrative law judge (ALJ). The ALJ will weigh the evidence in view of the laws and regulations governing your profession. If they agree with your professional license defense arguments, you will keep your license.
However, several outcomes can happen if the ALJ finds that you violated the rules. Specifically, they can impose the following punishments:
- A reprimand is entered into your record, but you practice without restrictions
- Probation, usually with conditions that result in suspension or revocation if violated
- Suspension for a fixed or undetermined time, after which you can be reinstated
- Revocation of your professional license
Suspension and revocation are the harshest penalties a judge can impose. A suspension means you cannot practice your profession, but you can keep your license. Once you finish your suspension, you may resume your practice. Depending on the decision, you may be required to seek permission from the board. In other cases, the suspension ends automatically.
Revocation means you permanently lose your license. It may be possible to petition the board in the future to apply for a new license. However, you may have to go through the entire licensing process again if the board grants your request.
Unlock Legal Can Help Defend Your Professional License Against a Formal Accusation
You must defend yourself against an accusation to preserve your career. If you fail to mount an effective defense, the board can suspend or revoke your license. Contact Unlock Legal to discuss a license defense strategy to fight the accusation and save your livelihood.
