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Administrative
Law: Business and Professional Licenses
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This
Web site is for California businesses and professionals who face the
denial, suspension or revocation of a business license or professional
license.
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License Law Overview | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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California regulatory agencies include Commissions, such as the Public Utilities Commission (PUC) and Commission on Teacher Credentialing, Departments, such as the Department of Insurance and Department of Real Estate, and dozens of Boards, Committees and Bureaus operated by the Department of Consumer Affairs, such as the Medical Board of California and the Bureau of Automotive Repair. Most healthcare professions are regulated by Boards under the Department of Consumer Affairs, such as the Medical Board, Dental Board, Board of Registered Nursing, Board of Pharmacy, Board of Chiropractic Examiners and Board of Behaivoral Sciences. Healthcare facilities are licensed by the Department of Health Services. Outside of healthcare, major agencies include the Department of Alcholic
Beverage Control, the Bureau of Automotive Repair, the Contractors' State
License Board, the Department of Motor Vehicles (DMV), the Department
of Insurance, the Public Utilities Commission (PUC), the Department of
Real Estate, and the Department of Social Services. |
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| License Denials, Suspensions and Revocations: The Legal Process | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
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In the case of discipline against an existing license, legal counsel prepares a document called an Accusation. An Accusation is a formal document that sets forth the alleged misconduct, the laws that were violated, and the discipline sought, e.g. suspension or revocation. In the case of the denial of a new license application, a Statement of Issues sets forth the reasons for the license denial. The Accusation or Statement of Issues is normally accompanied by a Statement to Respondent, which provides information about the legal process, and a blank Notice of Defense Form. The licensee is entitled to a hearing if he or she returns the completed Notice of Defense within 15 days of the mailing date. Upon receipt of the Notice of Defense, the agency's attorney notifies the California Office of Administrative Hearings (OAH). The Office of Administrative Hearings is the court system for administrative hearings with offices in Sacramento, Oakland, Los Angeles, and San Diego. Administrative law judges preside over pre-hearing scheduling, optional settlement conferences, and the hearing itself. At the hearing, each party presents evidence in the form of live witness testimony and documents. Within thirty days after the hearing, the administrative law judge submits written Findings of Fact and a Proposed Decision to the agency. The agency has 30 days to adopt or reject the Proposed Decision. If the agency issues an order adopting the Proposed Decision, then the Proposed Decision becomes the agency's order. The agency also has the option of rejecting the administrative law judge's proposed decision. Upon rejection of the proposed decision, the agency reviews the transcript of testimony and documents offered in evidence, and then issues its own findings and decision. The licensee has the right to appeal the agency's final decision and order through a Writ of Administrative Mandamus to the Superior Court of California. The time for filing an appeal depends on a number of factors, but it can be as little as 30 days from the order of denial, suspension or revocation. For answers to frequently asked questions, see FAQ's. Learn more about the author, attorney Adam G. Slote. |
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© 2002 Adam G. Slote. All Rights Reserved.