FAQs about California Licensing Matters
How does license discipline work in California?
What is an Accusation? What is a Statement of Issues?
What happens at an administrative hearing?
What happens after an administrative hearing?
Can a licensing case be settled?
Do I have to testify at my hearing?
Can I ask for reconsideration?
Can I appeal an adverse decision?
Can I get my revoked license reinstated?
How much does it cost to hire an attorney?
How do I pay for an attorney?
Can any lawyer competently represent me at an administrative hearing?
These are answers to commonly asked questions about California license
law cases. This information is for educational purposes only; it 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 rights in the hearing process. 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 essentially a trial. There is a judge,
a court reporter, and cases are presented by attorneys. The state agency
is represented by a highly trained attorney who handles licensing matters
full time professionally. 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 legal and
factual 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. Some cases are settled for a
reprimand, but most are settled for probation. Probation often includes
some type of stayed (suspended) penalty and specific tasks, such as classes,
community service, or treatment. During the probationary period, if 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 (unless they invoke their 5th
Amendment rights if applicable). If the licensee or license applicant
does not voluntarily testify on his or her own behalf, the licensing agency
attorney will call them to the stand as a witness. Therefore, any person
who has an administrative hearing must have an experienced license law
attorney to prepare them for hearing, guide them through questions during
testimony, and protect them from unfair or improper questions from the state.
Can I ask for reconsideration?
A licensee or license applicant can ask an agency to reconsider its decision
before the decision becomes final. Reconsideration is an opportunity to
point out flaws in the administrative decision, bring new evidence and
legal arguments to the attention of the licensing agency, and even raise
objections before the administrative matter is closed. An agency will
sometimes briefly stay (delay) a decision effective date to review a petition
for reconsideration. If reconsideration is granted, the agency can ask
for written or even oral arguments, before issuing a new decision either
affirming or changing the prior decision.
Can I appeal an adverse decision?
Yes. Appeals of administrative decisions are filed in the Superior Court.
This process, called a petition for writ of administrative mandamus, 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 I get my revoked license reinstated?
All licensing agencies make provisions for license reinstatement. Almost
all revoked licenses can eventually be restored upon a showing of rehabilitation.
There is a waiting period of usually one to three years before bringing
a petition for reinstatement. A licensee will usually not have to requalify
for the license and will appear at either an administrative hearing or
before a licensing board at a board meeting to seek reinstatement. Some
agencies require that a former licensee reapply for the license to start
the process.
How much does it cost to hire an attorney?
Legal fees can vary greatly depending upon the stage of the case and the
complexity of the case. Legal fees can range from the cost of a major
appliance purchase or a major car repair, up to the cost of a new roof
on a home or a new automobile. A skilled attorney must complete a four-year
college degree, another three years of law school, pass the bar exam,
and be trained in the law. A law firm such as Ray & Bishop, PLC, additionally
has institutional knowledge of hundreds of successful cases and years
of experience dealing with professional license law and governmental law
to apply to each and every case. Different lawyers charge different fees
in part based upon the knowledge and experience of the law firm, and the
law firm’s particular expertise in a certain area of law. As a helpful
reference, most errors and omissions insurance policies for licensed professionals
provide anywhere from $5,000.00 to $25,000.00 in license defense coverage,
although some policies may have higher limits.
How do I pay for an attorney?
When you consult with one of our attorneys, you can expect to receive a
competitive flat fee or hourly fee quote for our services. Ray & Bishop,
PLC, accepts all forms of payment accepted at any major service firm,
including American Express, Visa, Mastercard and Discover credit cards,
as well as debit cards, cash or check. If you have license defense coverage
on your errors and omissions insurance policy and your carrier extends
coverage to your matter, we may be able to directly bill your insurance
company for your legal fees, or help you seek reimbursement of fees at
the end of your case.
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. These cases can often take several years from a triggering
incident to a final decision, so only the most experienced attorneys possess
in-depth knowledge of the process. 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 our office
at (949) 557-4888 today for a consultation today to discover the difference
that experienced counsel makes.