Seth Weinstein Law

Author: Professional License Defense Attorney

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  • California Regulatory Lawyer for Israeli Businesses

    California Professional License Lawyer for Israeli Businesses

    California remains an attractive place for Israeli companies to do business. California is the fifth largest economy in the world. California has the largest population of any state in the United States. Los Angeles, the second largest city in the United States, has the largest Israeli population outside of Israel. Unfortunately, doing business in California is not easy. Even for California or American companies based in other states, California maintains the strictest regulatory compliance of any state. In many ways, California bureaucracy is similar to Israel, but California has more difficult licensing and enforcement structures. Many types of work in California require a business license, occupational license or professional license. Obtaining these licenses from outside of California or the United States can be difficult. Even the process of obtaining a business license or professional license even for individuals and businesses located in California. Common examples of business licenses and professional licenses required to perform work include:

    California Regulatory Compliance Attorney for Companies in Israel

    Certain industries in California may or may not require a business or professional license. However, these industries may be subject to California government regulations. Violations of these regulations can result in substantial fines and other serious consequences. For example, the California Air Resources Board regulates air pollution. For products or vehicles that violate air pollution regulations, the California Air Resources Board can issue significant fines and other penalties. The legal structure in California is different than in Israel, as well as different than most other states. California regulatory agencies are very focused on enforcement. Fines and penalties are large, even compared to other states. We represent Israeli companies requiring California Regulatory compliance before California government agencies, including:

    California Professional License and Regulatory Compliance Discipline Attorney for Israeli Companies:

    Our law firm has two primary focuses. One, to help companies in Israel obtain the necessary business licenses and professional licenses to perform their work in California. Two, to assist Israeli businesses facing disciplinary action and enforcement action by California regulatory agencies. California maintains strict regulatory compliance standards. California licensing and regulatory agencies have a variety of enforcement tools available to ensure compliance with laws, regulations and rules. Compared to other states, fines and penalties in California are substantial. Additional enforcement options may include lawsuits, the inability to conduct business in California and while rare, even criminal prosecution. Our law firm has experience representing companies before California government agencies in the following industries and sectors:

    • Construction
    • Education
    • Energy
    • Engineering
    • Financial
    • Land Surveying
    • Medical, Dental & Health
    • Pharmaceutical
    • Security
    • Telecommunications
    • Trucking & Transportation

  • California Board of Registered Nursing Accusation in Los Angeles

    California Board of Registered Nursing Accusation Defense Attorney in Los Angeles

    An Accusation is one of the most frightening documents a Registered Nurse in Los Angeles can receive from the California Board of Registered Nursing. An Accusation seeks to revoke or suspend a Registered Nurse License. A Deputy Attorney General employed by the Attorney General’s Office represents the BRN in Accusation proceedings. The Deputy Attorney General assigned to the case prepares the Accusation. The Accusation contains the factual allegations that support the alleged Causes for Discipline. There are two main types of cases that lead to Accusations; criminal conviction referrals and Complaints.

    Criminal Convictions and California BRN Accusation in Los Angeles

    A criminal conviction is a common reason for the California Board of Registered Nursing to file an Accusation. Los Angeles Registered Nurses have an obligation to notify the California BRN of all criminal convictions within 30 days of conviction. The California BRN can file an Accusation against a Registered Nurse in Los Angeles for a conviction that is substantially related to the qualifications, functions and duties of a Registered Nurse. A criminal conviction is conclusive proof that the Los Angeles Registered Nurse committed acts that satisfy the elements of the crime for which the Registered Nurse has been convicted. The California Board of Registered Nurse may discipline a Registered Nurse in Los Angeles with a criminal conviction for the following offenses:

    • Altering or Forging a Prescription
    • Child Abuse/Child Endangerment/Elder Abuse
    • Diverting a Controlled Substance/Theft
    • Domestic Violence
    • Drugs/Narcotics
    • DUI/Vehicular Manslaughter
    • Sex Offenses
    • Violent Crimes
    • Weapons Offenses

    Complaints and California Board of Registered Nursing Accusation in Los Angeles

    Complaints against Registered Nurses are made by patients and employers. The California BRN will conduct a Complaint Investigation. If the California Board of Registered Nursing believes that a disciplinary violation has occurred, the Board can file a disciplinary Accusation against the Los Angeles Registered Nurse. The California Board of Registered Nurse may discipline a Registered Nurse in Los Angeles for the following allegations:

    • Charting Violations
    • Criminal Convictions
    • Dangerous Use of Alcohol and/or Drugs
    • Diverting Narcotics
    • Gross Negligence
    • Incompetence
    • Practicing Medicine Without a License/Outside Scope of Practice
    • Sexual Misconduct
    • Unprofessional Conduct

    Los Angeles Registered Nurse License Accusation Defense Attorney

    The Los Angeles Registered Nurse, called a Respondent, has only 15 days from the date the Accusation was served (sent by the Board, not received by the Respondent) to file a Notice of Defense. The Notice of Defense is a fillable form submitted to the Deputy Attorney General assigned to the case. The failure to timely file a Notice of Defense can result in a Default against the Los Angeles Registered Nurse. This in turn can cause the revocation of a Registered Nurse License without a Hearing.

    In some cases, the Registered Nurse in Los Angeles may reach a settlement with the California Board of Registered Nursing. A settlement is called a Stipulated Agreement. If a settlement does not occur, the case will proceed to a Hearing before the California Office of Administrative Hearings (OAH). An Administrative Law Judge presides over the Hearing and hears the evidence. Hearings are now held via Zoom. Previously, Hearings were held in Los Angeles, Oakland, Sacramento and San Diego. Previously, Hearings were also held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura.

    The California Board of Registered Nursing must prove the Causes for Discipline in the Accusation by clear and convincing evidence. After the Hearing concludes, the Administrative Law Judge has 30 days to issue a written, Proposed Decision. The California Board of Registered Nursing then has up to 100 days to issue a Final Decision and Order. The Final Decision and Order can adopt, reject or modify the Proposed Decision. Contact a Los Angeles Registered Nurse License Defense Lawyer for representation in a California BRN Accusation proceeding.

    California BRN Accusation Defense Lawyer in Los Angeles

    The California Board of Registered Nursing’s mission is to protect the public. A common misconception held by Registered Nurses in Los Angeles is that when a Registered Nurse is the subject of a Complaint, the California Board of Registered Nursing is a neutral arbiter. Another often stated misconception is that the California Board of Registered Nursing exists to protect Los Angeles Registered Nurses. The California Board of Registered Nursing is a regulatory and enforcement agency charged with protecting the public. A California BRN Accusation is a serious matter can result in the following disciplinary results:

    • Revocation
    • Suspension
    • Probation with terms and conditions
    • Public Reproval
    • Citation

    For a Registered Nurse in Los Angeles with family and/or financial obligations, the prospect of a Registered Nurse License revocation is daunting. A suspension can also greatly impact the career of a Los Angeles Registered Nurse. While BRN Registered Nurse probation may be suitable for some Registered Nurses in Los Angeles, probation may not be suitable for other Registered Nurses. Probation terms and conditions can include the following terms and conditions:

    • A requirement to live and work in California
    • An inability to be a supervisor or Charge Nurse
    • A requirement to have a direct workplace supervisor
    • An inability to work in Home Health, as a Travel Nurse or on a Registry
    • A requirement of biological fluid testing
    • Other terms and conditions that may be burdensome to Registered Nurses

    A Public Reproval is a notification to the public that a Registered Nurse has been disciplined. A Public Reproval may include a fine, the requirement to take additional classes and/or a similar condition. Similar to a Public Reproval, a Citation is a notification to the public that a Registered Nurse has been disciplined. A Citation may include a fine, the requirement to take additional classes and/or a similar condition. If you are a Registered Nurse facing a California BRN Accusation, contact a Los Angeles Registered Nurse License Defense Attorney for representation.

  • Hazardous Materials Endorsement Defense Attorney

    Hazardous Materials Endorsement Defense Lawyer

    The United States Transportation Security Administration (TSA) regulates Hazardous Materials Endorsements. Many seaport workers and transportation workers require a Hazmat Endorsement. TSA conducts investigations into HME holders and applicants and administers disciplinary proceedings. TSA HME Denials and Revocations are governed by Federal Administrative Law.  The Federal Administrative Law disciplinary process is complex, procedural and time consuming. American workers facing Hazmat Endorsement Denial and Revocation proceedings in the United States should seek legal representation from a Hazardous Materials Endorsement Defense Lawyer.

    Hazmat Endorsement Revocation Appeal and Waiver Lawyer

    The majority of HME Denials and Revocations occur due to criminal convictions. Other HME Denials and Revocations occur due to misconduct investigations. TSA utilizes non sworn civilian investigators to conduct non criminal investigations and sworn investigations to conduct criminal investigations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law. An individual denied a Hazardous Materials Endorsement or facing a HME Revocation must determine whether to file an Appeal or a Waiver.

    TSA maintains two categories of criminal offenses; Permanent Disqualifying Offenses and Interim Disqualifying Offenses. Permanent Disqualifying Offenses are not subject to Appeal or Waiver. A HME Appeal can generally be filed when more than seven years have elapsed since the Interim Disqualifying Offense. A Hazardous Materials Endorsement Appeal can also be filed if a criminal conviction does meet the criteria for TSA Hazmat Endorsement Denial or Revocation. A HME Waiver can generally be filed for Interim Disqualifying Offenses that do not quality for an Appeal.

    It is important to have an attorney that understands the Hazmat Endorsement Denial process and Hazmat Endorsement Revocation process. If the TSA denies the Hazardous Materials Endorsement Appeal or Waiver, the applicant or HME holder can request a Hearing. If you were denied a Hazmat Endorsement or received a Hazmat Endorsement Revocation, contact a HME Appeal and Waiver Attorney for representation.

    HME Denial and Revocation Hearing Defense Attorney

    The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge. Hearings may be held in person or remotely throughout the United States. The Administrative Law Judge, or ALJ, will issue a Proposed Decision after the Hearing. The Transportation Security Administration and the Respondent generally both have the ability to file responses to the Proposed Decision. TSA often can adopt, modify or reject the ALJ’s Proposed Decision. TSA will then issue a Final Decision and Order. An Appeal of the Final Decision and Order may be directed to the Federal Circuit Court of Appeals. Hazmat Endorsement holders facing a Hazmat Endorsement Revocation Hearing need representation from a HME Denial and Revocation Hearing Defense Lawyer.

    Hazardous Materials Endorsement Denial and Criminal Convictions

    The Transportation Security Administration will often initiate a disciplinary action against a Hazmat Endorsement holder for a criminal conviction. Similarly, TSA will often deny a HME to a Hazmat Endorsement applicant with a criminal conviction. TSA maintains two categories of criminal offenses; Permanent Disqualifying Offenses and Interim Disqualifying Offenses. Permanent Disqualifying Offenses can never be the subject of an Appeal or Waiver. Interim Disqualifying Offenses are subject to an Appeal or Waiver. Common criminal offenses that can cause HME Denial or Hazmat Endorsement Revocation are:

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    Hazardous Materials Endorsement holders facing criminal charges and Hazmat Endorsement applicants who have been convicted of criminal offenses need a Hazmat Endorsement Defense Attorney for representation in a Hazmat Endorsement Denial or Revocation matter.

    Hazmat Endorsement Denial Appeal and Waiver Attorney

    TSA thoroughly investigates all applicants for Hazardous Materials Endorsements. The Transportation Security Administration may deny a Hazmat Endorsement to Americans and individuals from other countries. Most Hazardous Materials Endorsement denials occur due to criminal convictions. Denial Hearings and Revocation Hearings before TSA Administrative Law Courts involve a similar procedure. However, in a Hazmat Endorsement Denial Hearing, the applicant bears the burden of proof. Individuals denied a TSA HME should contact a Hazardous Materials Endorsement Denial Lawyer for representation in a Hazmat Endorsement Denial Appeal and Waiver.

    HME Appeal and Waiver Lawyer

    The Federal Administrative Law process for Hazmat Endorsement Appeals and Waivers is standard throughout the United States. Hazmat Endorsement holders and Hazmat Endorsement applicants should seek assistance from a Hazmat Endorsement Defense Attorney. The firm represents Hazmat Endorsement applicants and Hazmat Endorsement holders from the following locations:

    California

    • Bakersfield
    • Fresno
    • Los Angeles
    • Oakland
    • Orange County
    • Riverside
    • Sacramento
    • San Bernardino
    • San Diego
    • San Francisco
    • San Jose
    • Ventura

    Illinois

    • Chicago
    • Rockford
    • Springfield

  • TWIC Card Defense Attorney

    Transportation Worker Identification Credential Defense Lawyer

    The United States Transportation Security Administration (TSA) regulates Transportation Worker Identification Credentials. Many seaport workers and transportation workers require a TWIC Card. TSA conducts investigations into TWIC holders and applicants and administers disciplinary proceedings. TSA TWIC Denials and Revocations are governed by Federal Administrative Law.  The Federal Administrative Law disciplinary process is complex, procedural and time consuming. American workers facing TWIC Card Denial and Revocations proceedings in the United States should seek legal representation from a Transportation Worker Identification Credential Defense Lawyer.

    TWIC Revocation Appeal and Waiver Lawyer

    The majority of TWIC Denials and Revocations occur due to criminal convictions. Other TWIC Denials and Revocations occur due to misconduct investigations. TSA utilizes non sworn civilian investigators to conduct non criminal investigations and sworn investigations to conduct criminal investigations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law. An individual denied a Transportation Worker Identification Credential or facing a TWIC Revocation must determine whether to file an Appeal or a Waiver.

    TSA maintains two categories of criminal offenses; Permanent Disqualifying Offenses and Interim Disqualifying Offenses. Permanent Disqualifying Offenses are not subject to Appeal or Waiver. A TWIC Appeal can generally be filed when more than seven years have elapsed since the Interim Disqualifying Offense. A Transportation Worker Identification Credential Appeal can also be filed if a criminal conviction does meet the criteria for TSA TWIC Card Denial or Revocation. A TWIC Waiver can generally be filed for Interim Disqualifying Offenses that do not quality for an Appeal.

    It is important to have an attorney that understands the TWIC Card Denial process and TWIC Card Revocation process. If the TSA denies the Transportation Worker Identification Credential Appeal or Waiver, the applicant or TWIC holder can request a Hearing. If you were denied a TWIC Card or received a TWIC Card Revocation, contact a TWIC Appeal and Waiver Attorney for representation.

    TWIC Denial and Revocation Hearing Defense Attorney

    The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge. Hearings may be held in person or remotely throughout the United States. The Administrative Law Judge, or ALJ, will issue a Proposed Decision after the Hearing. The Transportation Security Administration and the Respondent generally both have the ability to file responses to the Proposed Decision. TSA often can adopt, modify or reject the ALJ’s Proposed Decision. TSA will then issue a Final Decision and Order. An Appeal of the Final Decision and Order may be directed to the Federal Circuit Court of Appeals. TWIC Card holders facing a TWIC Card Revocation Hearing need representation from a TWIC Denial and Revocation Hearing Defense Lawyer.

    Transportation Worker Identification Credential Denial and Criminal Convictions

    The Transportation Security Administration will often initiate a disciplinary action against a TWIC Card holder for a criminal conviction. Similarly, TSA will often deny a TWIC to a TWIC Card applicant with a criminal conviction. TSA maintains two categories of criminal offenses; Permanent Disqualifying Offenses and Interim Disqualifying Offenses. Permanent Disqualifying Offenses can never be the subject of an Appeal or Waiver. Interim Disqualifying Offenses are subject to an Appeal or Waiver. Common criminal offenses that can cause TWIC Denial or TWIC Card Revocation are:

    • Altering or Forging a Prescription
    • Aggravated Assault
    • Battery
    • Burglary
    • Child Abuse
    • Diverting a Controlled Substance
    • Domestic Violence
    • Drug Trafficking
    • DWI
    • Elder Abuse
    • Forgery
    • Fraud
    • Identity Theft
    • Insurance Fraud
    • Larceny
    • Medicare Fraud
    • Money Laundering
    • Mortgage Fraud
    • Perjury
    • Possession with Intent to Distribute
    • Possession of a Controlled Substance
    • Public Intoxication
    • Real Estate Fraud
    • Robbery
    • Sex Offenses
    • Stalking
    • Theft
    • Trespass
    • Vandalism
    • Weapons Violations

    Transportation Worker Identification Credential holders facing criminal charges and TWIC Card applicants who have been convicted of criminal offenses need a TWIC Card Defense Attorney for representation in a TWIC Card Denial or Revocation matter.

    TWIC Card Denial Appeal and Waiver Attorney

    TSA thoroughly investigates all applicants for Transportation Worker Identification Credentials. The Transportation Security Administration may deny a TWIC Card to Americans and individuals from other countries. Most Transportation Worker Identification Credential denials occur due to criminal convictions. Denial Hearings and Revocation Hearings before TSA Administrative Law Courts involve a similar procedure. However, in a TWIC Card Denial Hearing, the applicant bears the burden of proof. Individuals denied a TSA TWIC should contact a Transportation Worker Identification Credential Denial Lawyer for representation in a TWIC Card Denial Appeal and Waiver.

    TWIC Card Appeal and Waiver Lawyer

    The Federal Administrative Law process for TWIC Card Appeals and Waivers is standard throughout the United States. TWIC Card holders and TWIC card applicants should seek assistance from a TWIC Card Defense Attorney. The firm represents TWIC Card applicants and TWIC Card holders in California from the following locations:

    • Port of Hueneme
    • Port of Long Beach
    • Port of Los Angeles
    • Port of Oakland
    • Port of Sacramento
    • Port of San Diego
    • Port of San Francisco
    • Port of Stockton

    The firm represents TWIC Card holders and TWIC Card applicants from the following locations:

    California

    • Bakersfield
    • Fresno
    • Los Angeles
    • Oakland
    • Orange County
    • Riverside
    • Sacramento
    • San Bernardino
    • San Diego
    • San Francisco
    • San Jose
    • Ventura

    Illinois

    • Chicago
    • Rockford
    • Springfield

  • California Municipal Business License Defense

    California Municipal Business License Defense

    We provide representation to businesses in California facing the revocation of business licenses by municipal and county authorities. Many California local government entities require business licenses, conditional use permits (CUPs) and police permits to operate. Certain categories of businesses are subject to extensive municipal restrictions. Our law firm defends businesses in the following California municipal legal matters:

  • California Education Law

    California Education Law

    Our law firm represents students, faculty, institutions and organizations in disciplinary proceedings involving institutions of higher and secondary education. While legal procedures vary, each high school district, college, university and graduate school adheres to basic principles of Administrative Law. Our law firm possesses extensive knowledge of the Administrative law disciplinary process at institutions of secondary and higher education. We provide legal representation in the following California Education law matters:

    California Graduate School Accreditation and Approval

    Our law firm represents domestic, foreign and international institutions of higher education in California. We represent these institutions seeking accreditation, approval and recognition by licensing entities in California. The application process for approval in California is complex, detailed and protracted. We represent institutions seeking the following in California:

  • California Business Regulatory Compliance

    California Business Regulatory Compliance

    We represent businesses and individuals in compliance matters facing disciplinary proceedings before California regulatory agencies. California regulatory compliance agencies possess Administrative and Civil enforcement authority. Penalties for Administrative and Civil violations enforced by these agencies are significant. These California regulatory agencies conduct investigations, issue Notices of Violation and conduct adversarial Hearings. Our firm provides legal representation in Administrative Law matters before the following California regulatory agencies:

  • California Financial License Defense

    California Financial License Defense Lawyer

    Over one million individuals possess Financial licenses issued by California licensing Boards. Most California Financial professionals have minimal or no contact with the disciplinary systems of the numerous California Financial Licensing Boards. For California Financial licensees who become part of the California Administrative Law disciplinary process, the consequences are profound. The California Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Financial License discipline should seek legal representation from an experienced California Financial License Defense Attorney. Our firm represents licensees possessing the following California Financial licenses:

    California Financial License Investigation Defense Lawyer

    The majority of California Financial License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The licensing boards under the California Department of Consumer Affairs utilize non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs also employs sworn Peace Officer Investigators to conduct criminal investigations against Financial licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

    It is important to have an attorney that understands the California Financial License disciplinary process. At the conclusion of a California Financial Licensing Board investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a California Financial licensee facing a California Administrative Law investigation, contact a California Financial License Defense Attorney for representation.

    California Financial License Accusation Defense Attorney

    A formal Accusation served on a California Financial Licensee serves as notice to a Financial licensee that the Board intends to revoke the individual’s Financial License. The licensee, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the California Financial licensee. A Default will result in the immediate Revocation of the California Financial License.

    An Accusation is a serious matter that can result in the suspension or revocation of a Financial License in California. In many cases, it is possible for licensees to reach a Stipulated Agreement with the Attorney General’s Office and California Licensing Board. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Licensees facing a California Licensing Board Accusation should contact an experienced California Financial License Defense Attorney for representation.

    California Financial License Hearing Attorney

    The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. Hearings are now held via Zoom. Previously, Hearings were held in Los Angeles, Oakland, Sacramento and San Diego. Previously, Hearings were also held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.

    The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California licensing agency can adopt, modify or reject the ALJ’s Proposed Decision. The Boards’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Financial licensee to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the licensee can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Financial licensees facing a California Financial Licensing Board Administrative Law Hearing need effective representation from a California Financial License Defense Lawyer.

    California Financial License and Criminal Convictions

    California Financial Licensing Boards can discipline licensees for criminal convictions. Administrative Law discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of the respective Financial licensee. Common criminal offenses that can cause California Financial License discipline are:

    • Child Abuse/Child Endangerment/Elder Abuse
    • Domestic Violence
    • Drugs/Narcotics
    • DUI
    • Embezzlement/Money Laundering/Theft
    • Insurance Fraud/Mortgage Fraud
    • Sex Offenses
    • Violent Crimes
    • Weapons Offenses

    California Financial Licensing Boards and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their practice. In serious criminal cases against Financial licensees pending in Criminal Court, a California Financial Licensing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Financial Licensee. A California Penal Code § 23 Order seeks to suspend a Financial License in Criminal Court. California Financial Licensee facing criminal charges and licensees who are convicted of criminal offenses need an experienced California Financial License Defense Attorney for representation in California Administrative Law disciplinary proceedings.

    California Financial License Statement of Issues Attorney

    California licensing agencies thoroughly investigates all applicants for Financial Licenses. The licensing Board may deny a California Financial License to students and licensees from other states and countries. Most California Financial License denials occur due to criminal convictions, financial problems or misstatements on the License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a Financial License should contact a California Financial License Denial Lawyer for representation in a Statement of Issues Hearing.

    California Financial License Petition for Reinstatement Lawyer

    A Petition for Reinstatement allows individuals who have received a License Revocation to reinstate their Financial License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Financial License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement. A successful Financial License Petition for Reinstatement requires representation by an experienced California Financial License Defense Attorney.

  • California Medical License Defense

    California Medical License Defense Attorney

    California Healthcare practitioners face a significant number of rules and regulations promulgated by California Medical License Boards. Any alleged violation of these rules and regulations can result in an obstacle to a Healthcare professionals’ ability to practice in California. Our firm practices California Medical License Defense and California Healthcare License Defense. From California Medical License application denial matters (Statement of Issues proceedings) to formal disciplinary Accusations, our goal is to provide effective and efficient legal representation to our Medical License clients. Our firm represents Medical and Healthcare licensees possessing the following California Medical licenses and California Healthcare licenses:

    California Healthcare License Defense Lawyer

    Over one million individuals possess Healthcare licenses issued by California Medical Licensing Boards. Most California Healthcare providers have minimal or no contact with the disciplinary systems of the numerous California Medical Licensing Boards. For California Medical licensees who become part of the California Administrative Law disciplinary process, the consequences are profound. The California Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Medical License discipline should seek legal representation from an experienced California Medical License Defense Attorney.

    California Medical License Investigation Defense Lawyer

    The majority of California Healthcare License disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The licensing boards under the California Department of Consumer Affairs utilize non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs also employs sworn Peace Officer Investigators to conduct criminal investigations against Medical licensees. These employees investigate criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

    It is important to have an attorney that understands the California Medical License disciplinary process. At the conclusion of a California Medical Licensing Board investigation, the Board has several options. The Board can choose to close the Complaint. The Board can choose to issue a Citation. The Board can also choose to refer the matter to the California Attorney General’s Office. The Attorney General’s Office will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Board may refer the case to the District Attorney’s Office for criminal prosecution. If you are a California Healthcare licensee facing a California Administrative Law investigation, contact a California Medical License Defense Attorney for representation.

    California Healthcare License Accusation Defense Attorney

    A formal Accusation served on a California Healthcare professional serves as notice to a Healthcare licensee that the Board intends to revoke the individual’s Medical License. The licensee, now called the Respondent, has only 15 days from the date that the Accusation was served (not received, but served) to file a Notice of Defense. The failure to file a Notice of Defense results in a Default against the California Medical licensee. A Default will result in the immediate Revocation of the California Healthcare License.

    An Accusation is a serious matter that can result in the suspension or revocation of a Medical License in California. In many cases, it is possible for licensees to reach a Stipulated Agreement with the Attorney General’s Office and California Licensing Board. A Stipulated Agreement is a formal term for a settlement agreement. If a Stipulated Agreement cannot be reached, the parties will proceed to a formal Hearing before the California Office of Administrative Hearings (OAH). Licensees facing a California Medical Licensing Board Accusation should contact an experienced California Healthcare License Defense Attorney for representation. Common causes of action for disciplinary Accusations against California Medical Professional licensees include:

    • Aiding & Abetting the Unlicensed Practice of Medicine
    • Charting Violations
    • Criminal Convictions
    • Dangerous Use of Alcohol or Drugs
    • Diverting Narcotics
    • Gross Negligence
    • Incompetence
    • Sexual Misconduct
    • Unprofessional Conduct

    California Medical License Hearing Attorney

    The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. An Administrative Law Judge presides over the Hearing and hears the evidence. Hearings are now held via Zoom. Previously, Hearings were held in Los Angeles, Oakland, Sacramento and San Diego. Previously, Hearings were also held offsite in Bakersfield, Fresno, Orange County, Riverside, San Bernardino, San Francisco, San Jose or Ventura.

    The Administrative Law Judge, or ALJ, will issue a written Proposed Decision approximately 30 days after the Hearing. The California licensing agency can adopt, modify or reject the ALJ’s Proposed Decision. The Boards’ action is called the Final Decision and Order. There are two main rights of Appeal of a Final Decision and Order. California Government Code § 11521 allows a Healthcare licensee to file a Petition for Reconsideration prior to the effective date of the Final Decision and Order. Pursuant to California Code of Civil Procedure § 1094.5, the licensee can also file a Petition for Writ of Mandamus in Superior Court. A Writ must be filed within 30 days of the effective date of the Final Decision and Order. California Healthcare licensees facing a California Medical Licensing Board Administrative Law Hearing need effective representation from a California Healthcare License Defense Lawyer.

    California Healthcare License and Criminal Convictions

    California Medical Licensing Boards can discipline licensees for criminal convictions. Administrative Law discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of the respective Healthcare licensee. Common criminal offenses that can cause California Healthcare License discipline are:

    • Diverting a Controlled Substance
    • Domestic Violence
    • DUI
    • Insurance Fraud/Medi-Cal Fraud/Medicare Fraud
    • Prescription Pill Fraud (Pill Mill)
    • Sex Offenses
    • Workers Compensation Fraud
    • Violent Crimes
    • Weapons Offenses

    In serious criminal cases against Medical licensees pending in Criminal Court, a California Medical Licensing Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Healthcare Professional. A California Penal Code § 23 Order seeks to suspend a Medical License in Criminal Court. California medical professionals facing criminal charges and licensees who are convicted of criminal offenses need an experienced California Medical License Defense Attorney for representation in California Administrative Law disciplinary proceedings.

    California Medical License Statement of Issues Attorney

    California licensing agencies thoroughly investigates all applicants for Healthcare Licenses. The licensing Board may deny a California Medical License to students and licensees from other states and countries. Most California Medical License denials occur due to criminal convictions, financial problems or misstatements on the License application. Statement of Issues Hearings and Accusation Hearings before the Office of Administrative Hearings maintain a similar procedure. However, in a Statement of Issues Hearing, the applicant bears the burden of proof. Individuals denied a California Medical License should contact a California Healthcare License Denial Lawyer for representation in a Statement of Issues Hearing.

    California Healthcare License Petition for Reinstatement Lawyer

    A Petition for Reinstatement allows individuals who have received a License Revocation to reinstate their Healthcare License. The Petition for Reinstatement must show by clear and convincing evidence the factual and legal reasons to warrant the Medical License Reinstatement. Rehabilitation from past misconduct is the primary factor in a Petition for Reinstatement. A successful Medical License Petition for Reinstatement requires representation by an experienced California Medical License Defense Attorney.