What is an Administrative Hearing with a Licensing Board?

Posted on April 23, 2019

If you’ve been accused of professional misconduct and are facing disciplinary action, you will have to appear before your licensing board for an administrative hearing. An administrative hearing, also referred to as a board hearing, is a trial-like court proceeding that takes place before a governmental agency or regulatory board. Although hearings are similar to traditional criminal or civil court trials, they differ in that they are almost always conducted as bench trials. The Unlock Legal team, an Orange County, California professional license defense firm, wants you to understand all of the components of an administrative hearing: What Happens During

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Stipulated Settlement

Posted on October 18, 2018

The first place my clients usually hear about the opportunity for a Stipulated (negotiated) Settlement is in the Statement to Respondent. The Statement to Respondent notifies the Respondent that they can contact the attorney for the Board or the Agency to negotiate a settlement offer. In addition, the Statement to Respondent suggests that obtaining legal counsel is optional and not necessary. From a licensing lawyer’s point of view, attempting to negotiate with the attorney for the Board or Agency without a lawyer is like representing yourself if you had a DUI charge in criminal court. You can do it, but

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The Notice of Defense

Posted on October 18, 2018

The Notice of Defense is a legal document that comes with an accusation or denial. Licensees and some license applicants may submit it to their licensing board to preserve their right to a hearing after receiving an accusation or denial. If the Notice of Defense is not filed timely the licensing agency can take the licensee or the license applicant’s default. A default means the harshest sanction possible - a revocation or a license denial - is imposed. Government Code section 11506 sets forth the functions of the Notice of Defense. Per the Code, the Notice of Defense is a

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The Accusation

Posted on October 18, 2018

The Accusation is the legal document that initiates the formal disciplinary proceedings against a California licensee. I always tell my clients that it is analogous to a criminal complaint which, once filed, starts the criminal proceedings against the accused. The Accusation gives the licensee notice of what the licensing agency is seeking and why. The Government Code tells us that an accusation is a written statement which sets forth in ordinary and concise language the acts or omissions with which the licensee has been charged, to the end that the licensee will be able to prepare his defense. Generally, however,

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Statement to Respondent

Posted on October 16, 2018

Many of my clients come to me after they receive that big manila envelope in the mail from their licensing body (often after a criminal conviction has occurred.) They can’t believe that the hits just keep on coming. The envelope is filled with legal documents. The document discussed in this blog post is the Statement to Respondent. This form is a notice intended to educate a licensee or license applicant about their most important rights and obligations. A Statement to Respondent Must Contain (1) the obligation to request a hearing within 15 days or default; (2) that you can ask

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Appealing Your Pharmacy License Denial

Posted on July 7, 2018

All pharmacy technicians within the state of California must be licensed to practice as a professional. However, there are some circumstances in which your application for a license may be denied. A few reasons you could be denied a license include: Lying on your application Leaving information out of your application Having a criminal record If your pharmacy license was recently denied, there is still something you can do. You have the right to appeal the denial of the license within 60 days of notice. How Do I Start the Appealing Process? Within 60 days you must submit a written

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Doctors: Dealing with Professional Misconduct Allegations

Posted on July 7, 2018

Accusations of professional misconduct can be startling. They can jeopardize your career and your reputation and you might not even understand why you were accused. You may feel attacked or offended by the allegations. Even betrayed. If someone accuses you of professional misconduct, it’s important to remain calm. Don't let your emotions run high. All allegations are serious, but they must be proven. Here are a few suggestions for dealing with professional misconduct allegations: Find an Attorney Misconduct allegations can have far-reaching consequences. These can include suspensions from work or even losing your license. Take all allegations seriously. An attorney

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Nurses: Report Every Conviction

Posted on July 7, 2018

Professional licensing boards in California can set very high standards for license renewal. None is tougher than the California Board of Registered Nursing (BRN). By state law they are required to deny license renewal for many felony convictions. In practice, a license can be revoked for even minor infractions. If you have been convicted of any crime there is a good chance that it will influence your license. There are ways you can stay on top of this, however, and minimize the possibility that it is suspended or revoked pending a lengthy appeal process. The Law Under the California Nursing

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My Pharmacy License Was Denied—What Should I Do?

Posted on July 7, 2018

As an up-and-coming pharmacist, you have studied long and hard to have a successful career. You have cleared every hurdle and are ready to enter the field as a professional pharmacist. Now, you have applied for your license with the State of California—only to have it rejected. If you are a pharmacist and your license application has been denied, you are probably wondering what your next step should be. There are several reasons why the California State Board of Pharmacy would deny an applicant’s pharmacy license: Disciplinary action, arrest and conviction are three of the most common. Fortunately, the board

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3 Actions That Can Help Reinstate Your Medical License

Posted on July 7, 2018

License revocation does not have to hold you back forever. Although you may have had a problem in the past, California recognizes that people can overcome the obstacles they face to become better physicians, surgeons or nurses. The main way to convince a board that you are once more worthy of licensure is to eliminate any underlying problem as well as show that you are an upstanding citizen. In your hearing, the board will want to see evidence of your progress. This post suggests some positive steps you can take toward reinstatement. Complete Rehabilitation Addictions can affect workers of any

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