Seth Weinstein Law

Category: Uncategorized

  • California Adult Day Program License Defense Attorney

    California Department of Social Services License Defense Lawyer

    The California Department of Social Services, known as CDSS, licenses Adult Day Programs in the State of California. Most California Adult Day Programs have minimal or no contact with the enforcement arm of the California Department of Social Services. For Adult Day Programs who become part of the California Department of Social Services’ disciplinary process, the consequences are profound. The Adult Day Program License disciplinary process is complex, procedural and time consuming. Adult Day Programs facing the California Department of Social Services disciplinary process should seek legal representation from an experienced California Adult Day Program License Defense Attorney.

    California Department of Social Services Investigation Defense Lawyer

    The majority of California Department of Social Services investigations begin with the filing of a consumer Complaint. However, California Department of Social Services Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Department of Social Services employs non sworn Licensing Program Analysts (LPAs) to conduct non criminal investigations. The California Department of Social Services employs sworn Peace Officer Investigators to conduct criminal investigations against Adult Day Programs. 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 Department of Social Services disciplinary process. At the conclusion of a California Department of Social Services investigation, the Department has several options. The Department can choose to close the Complaint. The Department can choose to issue a Citation. The Department can also choose to refer the matter to the California Department of Social Services Legal Division. The California Department of Social Services Legal Division will determine whether cause exists to file a formal disciplinary Accusation. In cases involving criminal conduct, the Department may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Adult Day Program Licensee facing a California Department of Social Services investigation, contact a California Department of Social Services License Defense Attorney for representation.

    California Adult Day Program License Accusation Defense Attorney

    A formal Accusation served on a California Adult Day Program Licensee serves as notice to an Adult Day Program that the Department intends to revoke the Adult Day Programs’ License. The Adult Day Program, 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 Adult Day Program. A Default will result in the immediate Revocation of the Adult Day Programs License.

    An Accusation is a serious matter that can result in the suspension or revocation of an Adult Day Program License in California. In many cases, it is possible for Adult Day Programs to reach a Stipulated Agreement with the California Department of Social Services. 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). Adult Day Programs facing a California Department of Social Services Accusation should contact an experienced California Adult Day Program License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Adult Day Programs include:

    • Conduct Inimical
    • Elder Abuse
    • Failure to Provide Care and Supervision
    • Failure to Provide Adequate Medical Care
    • Health & Safety Code Violations
    • Improper Staff to Client Ratio
    • Improper Storage of Toxic Substances
    • Lack of Disaster Plan
    • Lack of Food
    • Lack of Supervision
    • Municipal Code Violations
    • Negligence
    • Overcapacity
    • Physical Abuse
    • Verbal Abuse
    • Violation of Personal Rights

    California Adult Day Program License Hearing Attorney

    The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations. These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be 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 Department of Social Services can adopt, modify or reject the ALJ’s Proposed Decision. The California Department of Social Services’ 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 an Adult Day Program 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 Adult Day Program 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 Adult Day Programs facing a California Department of Social Services Administrative Law Hearing need effective representation from a California Adult Day Program License Defense Lawyer.

    California Adult Day Program License and Criminal Convictions

    The California Department of Social Services can discipline Adult Day Program owners, corporate officers and staff members for criminal convictions. California Department of Social Services discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Adult Day Program owner, corporate officer or staff member. Common criminal offenses that can cause Adult Day Program License discipline are:

    • Altering or Forging a Prescription
    • Assault With a Deadly Weapon
    • Battery
    • Brandishing a Firearm
    • Burglary
    • Carrying a Concealed Weapon
    • Child Abuse
    • Child Endangerment
    • Diverting a Controlled Substance
    • Domestic Violence
    • DUI
    • Elder Abuse
    • False Imprisonment
    • Forgery
    • Fraud
    • Hit & Run
    • Identity Theft
    • Insurance Fraud
    • Medicare Fraud
    • Mortgage Fraud
    • Possession for Sale of a Controlled Substance
    • Possession of a Controlled Substance
    • Public Intoxication
    • Real Estate Fraud
    • Robbery
    • Sex Offenses
    • Theft
    • Trespass
    • Vandalism
    • Vehicular Manslaughter

    The California Department of Social Services and other law enforcement agencies also investigate criminal conduct by Adult Day Program staff members in the course and scope of their trade. Criminal investigations often involve Adult Day Program staff members engaged in Elder Abuse and Theft. In serious criminal cases against Adult Day Program staff members pending in Criminal Court, the California Department of Social Services and the Department of Social Services Legal Division may seek a California Penal Code § 23 Order against the Adult Day Programs’ staff members. A California Penal Code § 23 Order seeks to suspend an Adult Day Program License and bar staff members from facilities in Criminal Court.

    Adult Day Program owners, corporate officers, and staff members facing criminal charges and Adult Day Programs who are convicted of criminal offenses need an experienced California Adult Day Program License Defense Attorney for representation in disciplinary proceedings before the California Department of Social Services.

    California Adult Day Program License Statement of Issues Attorney

    The California Department of Social Services thoroughly investigates all applicants for Adult Day Program Licenses. The California Department of Social Services may deny a California Adult Day Program License for a variety of reasons. Most California Adult Day Program License denials occur due to criminal convictions, financial problems or misstatements on the Adult Day Program 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 an Adult Day Program License should contact a California Adult Day Program License Denial Lawyer for representation in a California Department of Social Services Statement of Issues Hearing.

    California Adult Day Program License Petition for Reinstatement Lawyer

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

  • California Acupuncturist License Defense Attorney

    California Acupuncture Board License Defense Lawyer

    The California Acupuncture Board, known as the CAB, licenses approximately 11,000 Acupuncturists in the State of California. Most California Acupuncturists have minimal or no contact with the enforcement arm of the California Acupuncture Board. For Acupuncturists who become part of the California Acupuncture Board’s disciplinary process, the consequences are profound. The Acupuncturist License disciplinary process is complex, procedural and time consuming. Acupuncturists facing the California Acupuncture Board disciplinary process should seek legal representation from an experienced California Acupuncturist License Defense Attorney.

    California Acupuncture Board Investigation Defense Lawyer

    The majority of California Acupuncture Board investigations begin with the filing of a consumer Complaint. However, California Acupuncture Board Investigations also occur through sting operations, criminal conviction referrals and criminal investigations. The California Acupuncture Board utilizes non sworn civilian investigators to conduct non criminal investigations. The California Department of Consumer Affairs employs sworn Peace Officer Investigators to conduct criminal investigations against Acupuncturists. 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 Acupuncture Board disciplinary process. At the conclusion of a California Acupuncture 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 an Acupuncturist facing a California Acupuncture Board investigation, contact a California Acupuncturist License Defense Attorney for representation.

    California Acupuncturist License Accusation Defense Attorney

    A formal Accusation served on a California Acupuncturist serves as notice to an Acupuncturist that the Board intends to revoke the Acupuncturist License. The Acupuncturist, 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 Acupuncturist. A Default will result in the immediate Revocation of the Acupuncturist License.

    An Accusation is a serious matter that can result in the suspension or revocation of an Acupuncturist License in California. In many cases, it is possible for Acupuncturists to reach a Stipulated Agreement with the Attorney General’s Office and California Acupuncture 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). Acupuncturists facing a California Acupuncture Board Accusation should contact an experienced California Acupuncturist License Defense Attorney for representation. Common causes of action for disciplinary Accusations against Acupuncturists include:

    • Aiding and Abetting Unlicensed Practice of Acupuncture
    • Gross Negligence
    • Improper Advertising
    • Incompetence
    • Repeated Negligent Acts
    • Use of a Controlled Substance in a Dangerous Manner
    • Use of Alcohol in a Dangerous Manner

    California Acupuncturist License Hearing Attorney

    The California Office of Administrative Hearings, also known as OAH, maintains several Court Hearing locations.These Court locations are in Los Angeles, Oakland, Sacramento and San Diego. In some instances, Hearings may be 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 Acupuncture Board can adopt, modify or reject the ALJ’s Proposed Decision. The California Acupuncture Board’s 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 an Acupuncturist 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 Acupuncturist 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 Acupuncturists facing a California Acupuncture Board Administrative Law Hearing need effective representation from a California Acupuncturist License Defense Lawyer.

    California Acupuncturist License and Criminal Convictions

    The California Acupuncture Board can discipline Acupuncturists for criminal convictions. California Acupuncture Board discipline occurs for criminal convictions that are substantially related to the duties, functions and qualifications of an Acupuncturist. Common criminal offenses that can cause Acupuncturist License discipline:

    • Altering or Forging a Prescription
    • Assault With a Deadly Weapon
    • Battery
    • Brandishing a Firearm
    • Burglary
    • Carrying a Concealed Weapon
    • Child Abuse
    • Child Endangerment
    • Diverting a Controlled Substance
    • Domestic Violence
    • DUI
    • Elder Abuse
    • False Imprisonment
    • Forgery
    • Fraud
    • Hit & Run
    • Identity Theft
    • Insurance Fraud
    • Medicare Fraud
    • Mortgage Fraud
    • Possession for Sale of a Controlled Substance
    • Possession of a Controlled Substance
    • Public Intoxication
    • Real Estate Fraud
    • Robbery
    • Sex Offenses
    • Theft
    • Trespass
    • Vandalism
    • Vehicular Manslaughter

    The California Acupuncture Board and other law enforcement agencies also investigate criminal conduct by Acupuncturists in the course and scope of their practice. Criminal investigations often involve Acupuncturists engaged in Unlawful Practice of Medicine and Unlawful Representation as a Physician. In serious criminal cases against Acupuncturists pending in Criminal Court, the California Acupuncture Board and the California Attorney General’s Office may seek a California Penal Code § 23 Order against the Acupuncturist. A California Penal Code § 23 Order seeks to suspend an Acupuncturist License in Criminal Court.

    Acupuncturists facing criminal charges and Acupuncturists who are convicted of criminal offenses need an experienced California Acupuncturist License Defense Attorney for representation in disciplinary proceedings before the California Acupuncture Board.

    California Acupuncturist License Statement of Issues Attorney

    The California Acupuncture Board thoroughly investigates all applicants for Acupuncturist Licenses. The California Acupuncture Board may deny a California Acupuncturist License to Acupuncturist students and Acupuncturists from other states and countries. Most California Acupuncturist License denials occur due to criminal convictions, financial problems or misstatements on the Acupuncturist 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 an Acupuncturist License should contact a California Acupuncturist License Denial Lawyer for representation in a California Acupuncture Board Statement of Issues Hearing.

    California Acupuncturist Petition for Reinstatement Lawyer

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