License Law FAQs

FAQs about California Licensing Matters

These are answers to commonly asked questions about California license law cases. This information is for educational purposes only, and is not legal advice.

How does license discipline work in California?

In California, most license discipline matters are decided by a formal hearing process under the Administrative Procedure Act (also known as the “APA”.) The APA provides for basic due process by way of written notices and a hearing, if demanded by the licensee or one denied a license, before an administrative law judge, usually at the Office of Administrative Hearings. Some administrative matters are dealt with informally by alternative procedures, such as an informal investigation or citation, which are not discussed here.

A formal administrative disciplinary hearing is unlike other types of trials in that the licensing agency, board, bureau or department makes the final decision on the case. Even if the administrative law judge finds in a licensee’s favor, the agency, board, bureau or department can reject or modify the decision of the administrative law judge.

What is an Accusation? What is a Statement of Issues?

Attorneys on behalf of the agency, board, bureau or department serve the licensee with a notice, called an Accusation, stating their intent to discipline the licensee and the basis for such discipline. If a license applicant has been denied a license, the applicant is served a Statement of Issues stating why an applicant should be denied a license. These documents open the administrative case and accompany documents that notify an individual of their right to a hearing. Upon receiving an Accusation or Statement of Issues, a Notice of Defense must be promptly filed in response to the Accusation or Statement of Issues to preserve the right to a hearing.

What happens at an administrative hearing?

A formal administrative hearing is like a trial. Although there is a judge, a court reporter, and are attorneys and witnesses, there is no jury, the environment is somewhat less formal than the superior court, and the rules of evidence that strictly apply in criminal and civil cases are not as stringent. Evidence is introduced, witnesses are questioned and are cross-examined, and closing arguments are made.

What happens after an administrative hearing?

After hearing the case, the administrative law judge typically takes the matter under submission and issues a proposed decision approximately 30 days after the hearing ends (although this may sometimes take longer). The licensing agency then has 100 days to adopt the proposed decision of the judge, to reject the proposed decision and substitute its own decision (which sometimes happens if the agency feels the judge has been too lenient or made mistakes in the decision), or let the proposed decision automatically become the final decision after 100 days have elapsed. The decision issued by the agency, if not promptly reconsidered, is final, subject only to an appeal.

Can a licensing case be settled?

Some formal disciplinary actions or license denial actions result in a stipulated settlement, which is like a “plea bargain.” In a stipulated settlement, the licensing agency foregoes a more severe punishment or outright denial of a license, in order to achieve early resolution of a case, and the licensee or license applicant waives the right to a hearing, in order to avoid the possibility of more severe discipline or an outright denial of a license after hearing. Stipulated settlements are typically the product of negotiation between the agency’s attorney and this office. Stipulated settlement terms vary widely depending upon the agency, board, bureau or department. Probation often includes some type of stayed (suspended) penalty and supervision or monitoring. This means that if, during the probationary period, a new license violation arises, a licensee might suffer a previously suspended or stayed punishment.

Do I have to testify at my hearing?

Yes. Unlike in criminal matters, a licensee or person denied a license has no right to remain silent at hearing. If the licensee or license applicant does not testify for himself or herself, the licensing agency will call them to the stand as a witness. Therefore, any person who has an administrative hearing must have an experienced attorney to prepare them for hearing and to question them during the hearing.

Can I appeal an adverse decision?

Yes. Appeals of administrative decisions are filed in the Superior Court. This process, called a writ of mandate, is extremely complex. The Superior Court requires preparation of the administrative hearing record and written legal arguments from both sides. A hearing results at the end of the written argument process. If the appeal is won, in most cases, the matter is sent back to the administrative agency with instructions from the Superior Court.

Can any lawyer competently represent me at an administrative hearing?

No. All lawyers are licensed, but very few possess in-depth experience in handling professional licensing administrative cases. To be competent to handle such cases, an attorney should appear regularly at the Office of Administrative Hearings and should have handled a variety of professional licensing matters. An attorney who does not do administrative hearings or appeals of adverse decisions may not have the confidence, ability or insight to deliver the best results possible. Call Fredrick M. Ray at (714) 748-8488 for a consultation today to discover the difference that experienced counsel makes.