If you have a professional license, any mark on it can put your livelihood at risk. Anyone who claims that you may have broken the law or behaved inappropriately can file a complaint against you, which could lead to an accusation being filed against you, triggering a disciplinary process that could bring you before the board that governs your field.
But what is an accusation, and what does the legal process involve? Learn more about California’s laws regarding professional licenses and what you can expect if there are allegations against you.
What Does it Mean to Be Accused?
An accusation is an action filed against you by the California Attorney General’s Office on behalf of your licensing board. It alleges that you violated the law or the rules of your licensing board, breached the duties you owe to the public, or were involved in other misconduct.
A variety of alleged behaviors can result in an accusation, including:
- Negligence or malpractice
- Substance abuse
- Ethical violations
- Unprofessional conduct
- Deceit or fraud
- Criminal conduct
- Incompetence
Once an accusation is filed, the regulatory agency or licensing board will investigate the matter. They can decide whether disciplinary action is warranted or not. There are a number of potential consequences you could experience, from receiving a warning to losing your professional license.
Stages of the Accusation Legal Process
Here is a closer look at what unfolds during legal proceedings from the moment the board receives the complaint against you.
Beginning Actions
Once the regulatory or licensing board receives a complaint, they will begin to investigate whether it’s a valid issue. The Department of Consumer Affairs Division of Investigation (DOI) will conduct the investigation.
The board will typically interview you to get your side of the story and look closely at all records associated with the claim. You should always consult with a California defense of accusation lawyer before speaking with anyone else. Even if you believe you have done nothing criminal, not getting legal advice can cost you your license.
In some instances, the DOI may decide that the claim has no merits. In that case, it will be dismissed, and there will be no consequences for you.
You don’t have to worry about anyone else finding out that you were under investigation because the process is private. It only becomes public if the board sees merit in the complaint and decides to file an accusation.
Sometimes, it’s not a complaint that triggers an investigation. It can also happen if you’re convicted of a misdemeanor or felony or if you have had an accusation in another state, though the latter is rarer.
Responding to the Allegations
When an Accusation is filed against you you will receive a packet in the mail. This packet will include an Accusation setting out the Causes of Discipline they are alleging you did; a Statement to the Respondent; a Request for Discovery; and a Notice of Defense. If you don’t file the notice, you can receive a default decision and order, which usually means a revocation of your license, along with other possible disciplinary actions.
You only have about 15 days to file the notice of defense. Once you do, the discovery phase of the case will begin. The board will provide you with all the information they have on the complaint and the investigation they have done, and you’ll be expected to do the same in return. If you don’t already have a lawyer, it’s vital that you hire one.
With your attorney, you can settle on the best defense. In some instances, there may be evidence that clearly disputes what you’re falsely accused of. In most cases, however, you will provide mitigating evidence that your attorney can use to convince the board to be more lenient.
A county deputy attorney from the attorney general’s office will represent the board, so ensure you have an experienced lawyer by your side during your lawsuit.
Hearings and Settlements
The board will schedule a hearing where you, the respondent, can present your argument, but most of the time, a resolution can be reached via negotiations with the attorney general’s office. For those who have received an Accusation, a stipulated settlement can be the best outcome.
If the board doesn’t want to settle or the defendant prefers a hearing for the crimes, you can have an administrative hearing in front of a civil judge. As with other types of trials, the rules of evidence apply.
Your lawyer will have a chance to present their case, and the deputy attorney general will present theirs. The judge will then have 30 days to decide on the outcome. This could mean a dismissal of the accusation or a naming of the consequences. The board has to act on that decision.
The best outcomes include being placed on a probationary period, while the worst ones can mean license suspension or revocation. Keep in mind that whatever the hearing’s outcome is, it will be public information.
Appealing the Decision
You have the option to challenge the decision made at the hearing by writing a writ of mandamus. It’s not technically an appeal, but it functions very much like one. The writ of mandamus will request that a higher court review the administrative judge of law’s decision.
You can’t just file a review because you’re not happy with the results, however. You have to show that there were legal or factual errors or that there was misconduct on the judge’s part.
How Unlock Legal’s License Defense Lawyer Can Help in an Accusation
Our attorneys have years of experience helping professionals and know how to tackle accusation cases, criminal or non criminal. They will know what evidence can make a difference, and they’ll also have the negotiating skills needed to handle the deputy attorney general.
At Unlock Legal, we have decades of experience helping those who are facing disciplinary hearings or who have just received confirmation that they’ve been accused. We can guide you through this complex process and do everything possible to safeguard your license and future.
Remember, you don’t have much time to respond to an accusation, so don’t wait. Contact one of our California defense of accusation lawyers to schedule a consultation.