San Jose Professional License Defense Attorney

In California, most license disciplinary cases are decided through an official proceeding process under the Administrative Procedure Act (APA). The APA mandates basic due process through written notices and a hearing before an administrative law judge, typically at the Office of Administrative Hearings (OAH). Some administrative issues are handled informally using alternative procedures, like informal investigations or citations.

A formal administrative disciplinary proceeding differs from other types of cases. In this case, the regulatory board, agency, bureau, or commission makes the final decision in the matter. The board can reject or alter the administrative law judge's decision even if an administrative law judge rules in favor of the licensee.

Representatives of the licensing board, agency, or bureau serve the licensed professional with a notification, known as an Accusation. This expresses the licensing board's desire to penalize the license holder and the grounds for such action. If a license candidate fails to receive a license, they receive a notice with a Statement of Issues outlining why the professional license was not issued.

These documents initiate the administrative proceeding and accompany paperwork informing the accused of their rights during the hearing procedure. To preserve your right to a hearing, a Notice of Defense should be filed shortly after receiving a Statement of Issues or Accusation.

You should take any prospective threat to your professional license or credential seriously. This includes responding to requests for documentation or statements from investigators. Ignoring an accusation or refusing to cooperate with the investigation could result in professional disciplinary measures, even if the initial allegation was unfounded.

You should consult with an attorney before giving a response, as everything you say or disclose to the licensing board or their investigators may be used against you. Although you may be required to accept a request for a meeting or paperwork, the law might allow you to refuse to cooperate. This is why consulting with a legal professional is crucial.

In most cases, yes. If having and maintaining a professional license, like a certificate for teaching or a doctor's license, is necessary for your employment, your employer may release you if the appropriate board revokes or suspends your license or places it on probation with restrictions.

Your employer could decide to take less severe disciplinary actions against you. You can speak with your lawyer and discuss with your employer and understand how the licensing board's disciplinary actions can affect your career and employment.

If your license is suspended, you may resume practicing after a set period of time. However, you will normally be subjected to a probationary term. During your probation, you have to make appointments with licensing professionals, present documents, and earn continuing education (CE) credits. For example, the Board of Pharmacy can suspend a pharmacist's license for 90 days and impose a five-year probation term. A lawyer who specializes in vocational license defense can help fight this decision.

A revoked professional license is more severe. This means you can no longer practice with a revoked license. An appeal and new application could be required, with no guarantees. In most cases, you might not be eligible for a hearing.

As previously discussed, losing a license has a wide range of consequences. Since there are various deadlines for appealing the licensing board's decision, you should consult with a professional license defense lawyer first. For instance, insurance agents and brokers often have up to thirty days to appeal the decision to suspend or revoke their professional license. Most occupations offer up to a month's notice.