He Knows The Law.
Because of his legal experience and relationship with the Board of Registered Nursing (BRN), he was able to negotiate a public reproval and avoid a court hearing and probation. I am so grateful and relieved. I would definitely recommend him.
– Cindy O., RN
What Should I Do If I Receive A Statement Of Issues Or Accusation?
You should consult with an attorney as soon as possible. You or your attorney should complete the Notice of Defense form and mail it to the agency by Certified Mail — Return Receipt Requested within 15 days of the mailing date of the Accusation or Statement of Issues. Retain a copy of the Notice of Defense and follow up to make sure your Notice of Defense is received by the agency. If you don’t request a hearing in a timely matter, you may lose your license.
Should I Include An Explanation With My Notice Of Defense?
No explanation is required with a Notice of Defense. Any statement that you provide to the agency or its attorney may be used against you in future proceeding. Therefore, you should not provide any additional information to the agency until you consult with an attorney.
Do I Have A Right To Be Represented By Counsel?
You have a right to be represented by counsel at your own expense. Unlike a criminal matter, there is no right to appointed counsel for individuals who cannot afford an attorney.
Can I Represent Myself At Hearing?
You have a legal right to represent yourself, but you are not likely to be successful. The State Agency will be represented by an attorney. The Administrative Law Judge will expect you to know the rules and procedures of an administrative hearing. If you cannot afford an attorney, at least consult with an attorney about your case.
My License Was Revoked. Can I Reapply?
If your license is revoked or denied, you may be able to reapply after one to three years (this time period may be longer for some agencies). Do not be misled into believing that the agency will simply give you another license. Once your license has been revoked, getting it back is a difficult process and requires you to present evidence of rehabilitation. Some agencies will summarily deny your re-application.
I Have A Criminal Conviction. Should I Disclose It In My Application?
Many applicants are denied a license for failing to disclose criminal convictions that would not otherwise have been grounds for denial. You must disclose it. In most circumstances, it may be better for you to wait to apply for your license so you can apply to have your prior criminal conviction(s) expunged under Penal Code sec. 1203.4
Will My License Be Denied Because Of A Criminal Conviction In My Past?
It depends if the conviction is grounds for discipline and if you demonstrate rehabilitation.
Whether the conviction is grounds for discipline is dependent on the license. Typically, a conviction is a ground for discipline if it is a felony or a misdemeanor involving moral turpitude. For licenses governed by the California Business and Professions Code, a conviction is grounds for discipline only if it is substantially related to the business or profession.
I Am Being Investigated. What Should I Do?
Talk to an experienced attorney as soon as possible. Do not make the mistake of talking to an agency investigator or attorney with understanding your rights and ramifications. Whatever statement or evidence you provide can be used against you in a later proceeding.
Someone Has Filed A Complaint Against Me. What Should I Do?
That depends on the license and the nature of the complaint. Oftentimes, your employer will conduct an internal investigation, and if there is no merit to the complaint, the investigation will be concluded. The important thing is to know your rights and to speak to an attorney, and the two of you can decide what your best options are.
Does It Matter If I Am Represented By An Attorney?
The simple answer is yes, it matters. What matters just as much is getting the right attorney on your side.
Professional licensing defense operates under its own sets of rules and guidelines. If you are facing an investigation or an accusation, it is important that you have the right lawyer on your side. Many attorneys will include professional licensing defense/administrative law as an area of practice among other areas of practice within their office. At Kravitz & Chan, LLP, our entire practice is focused on professional licensing defense/administrative law.
“I do not practice criminal defense, family law or personal injury. I focus and practice exclusively on professional licensing defense. Other attorneys will consult with me when they have a client who may have a licensing issue. There is no substitute for the right experience when it matters most.”