Attorney - Negin Yamini
Being accused of professional misconduct or a crime is a stressful experience. It can lead to uncertainty about one's profession and livelihood. You have dedicated years to your studies and worked hard to obtain your professional license through an extensive and demanding process. It is an accomplishment you can be proud of. However, if you are accused or make a small error, your competence and honesty could be questioned, which could jeopardize your professional license and career. This also poses a risk to other people who may rely on you or your company's license for their jobs.
At San Jose License Attorney, we aim to offer clients competent and dedicated legal assistance, especially when their careers are at risk due to licensing issues. Our attorneys put in the effort and preparation required for our clients to succeed. As diligent advocates, we conduct thorough investigations into the details of your professional license case to determine the best course of action for defending your business and future.
Schedule a free initial appointment with the San Jose License Attorney, or call 408-850-3740 to learn more about your next steps.
The effects of illegal possession or use of professional licenses can involve severe consequences for your career, including the revocation or suspension of your license, which would prevent you from resuming your practice.
Regardless of the severity of the penalties for your licensing issue, you should consult an attorney who specializes in professional license defense as soon as possible. The sooner you contact a lawyer for your case, the more likely it is that you will be able to resolve it, the evidence will be fresh, and your understanding of the issue will be clear.
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If you receive an official "Accusation" from the licensing board or agency or fear you could receive one, you can contact our skilled license defense attorneys immediately.
Additionally, if you are concerned that your board will summon you as a result of a mistake or omission, now is the time to hire legal representation. An attorney can shield you from dealing with the regulatory body and investigators directly, who are frequently pushy and undoubtedly not acting in your best interests.
An accusation is a formal attempt by the licensing board to revoke your professional license. You could face a license suspension, revocation, or other harsh penalties within a short period if you do not act promptly and decisively. At the very least, we can often assist you in continuing to practice/work while actively negotiating a settlement, which is usually in your best interests and does not result in the loss of your license.
We can't stress enough that you should not try this on your own. While it may appear to be a simple procedure, the Board will not hesitate to attempt to revoke your license or claim that any "offer" they make to you is non-negotiable and final. Our attorneys are aware that this is often done in an attempt to force you to accept a resolution or settlement. The only way to avoid the board's harsh and unfair settlement position is to engage legal counsel from the start of the case—when you receive the formal complaint—and to vigorously challenge it at every step moving forward.
Our skilled license defense attorneys can guide you through the entire process, addressing all your concerns along the way and keeping you informed about the status of your license and career. This is a serious matter, and our attorneys recognize and address it accordingly at all times.
If you suspect you are under investigation or have received a formal accusation from the Board, call the San Jose License Attorney immediately and discontinue all communication with the licensing board and/or Attorney General until we have had a chance to review your case.
The following are some of the commonly asked questions about California professional licenses:
In California, most license disciplinary cases are decided through an official proceeding process under the Administrative Procedure Act (APA). The APA mandates basic due process through written notices and a hearing before an administrative law judge, typically at the Office of Administrative Hearings (OAH). Some administrative issues are handled informally using alternative procedures, like informal investigations or citations.
A formal administrative disciplinary proceeding differs from other types of cases. In this case, the regulatory board, agency, bureau, or commission makes the final decision in the matter. The board can reject or alter the administrative law judge's decision even if an administrative law judge rules in favor of the licensee.
Representatives of the licensing board, agency, or bureau serve the licensed professional with a notification, known as an Accusation. This expresses the licensing board's desire to penalize the license holder and the grounds for such action. If a license candidate fails to receive a license, they receive a notice with a Statement of Issues outlining why the professional license was not issued.
These documents initiate the administrative proceeding and accompany paperwork informing the accused of their rights during the hearing procedure. To preserve your right to a hearing, a Notice of Defense should be filed shortly after receiving a Statement of Issues or Accusation.
You should take any prospective threat to your professional license or credential seriously. This includes responding to requests for documentation or statements from investigators. Ignoring an accusation or refusing to cooperate with the investigation could result in professional disciplinary measures, even if the initial allegation was unfounded.
You should consult with an attorney before giving a response, as everything you say or disclose to the licensing board or their investigators may be used against you. Although you may be required to accept a request for a meeting or paperwork, the law might allow you to refuse to cooperate. This is why consulting with a legal professional is crucial.
In most cases, yes. If having and maintaining a professional license, like a certificate for teaching or a doctor's license, is necessary for your employment, your employer may release you if the appropriate board revokes or suspends your license or places it on probation with restrictions.
Your employer could decide to take less severe disciplinary actions against you. You can speak with your lawyer and discuss with your employer and understand how the licensing board's disciplinary actions can affect your career and employment.
If your license is suspended, you may resume practicing after a set period of time. However, you will normally be subjected to a probationary term. During your probation, you have to make appointments with licensing professionals, present documents, and earn continuing education (CE) credits. For example, the Board of Pharmacy can suspend a pharmacist's license for 90 days and impose a five-year probation term. A lawyer who specializes in vocational license defense can help fight this decision.
A revoked professional license is more severe. This means you can no longer practice with a revoked license. An appeal and new application could be required, with no guarantees. In most cases, you might not be eligible for a hearing.
As previously discussed, losing a license has a wide range of consequences. Since there are various deadlines for appealing the licensing board's decision, you should consult with a professional license defense lawyer first. For instance, insurance agents and brokers often have up to thirty days to appeal the decision to suspend or revoke their professional license. Most occupations offer up to a month's notice.
Each professional licensing authority, like a medical board or state bar, has its own set of regulations and ethical guidelines. Failure to comply with these standards or an infringement of the code of ethics may lead to the revocation of your license. You should understand the regulatory body's reporting obligations and what may be considered justification for suspension or revocation.
Common reasons why professionals lose their work licenses include the following:
Criminal convictions are one of the most prevalent reasons people lose their professional licenses. Most regulatory organizations require notification of a felony conviction. Your license may then be suspended or revoked, depending on the nature of the crime.
Certain professions require mandatory drug testing. Failure to meet the requirements of the test or a positive test result could lead to the loss of your professional license.
Many disciplines demand that you keep meticulous records and bookkeeping. If you fail to implement a reliable, secure, and extensive record-keeping system, your license may be suspended.
Most professionals are subject to a code of ethics or conduct that forbids them from engaging in fraudulent activities. If an individual is found guilty of committing fraud, they could lose their license.
If you are in danger of losing your license, you should consult with an attorney. A skilled license defense lawyer will help you understand your rights and strive to protect your reputation. You have likely worked hard for your professional license. Don't let a single mistake cost you everything.
Professionals can also lose their licenses if they are proven to have committed malpractice. Physicians and lawyers usually have malpractice insurance coverage to cover losses resulting from malpractice claims.
We often defend and represent nurses, physicians, LVNs, pharmacists, dentists, smog technicians, Bureau of Automotive Repair licensees, real estate professionals, and other licensed professionals in California.
At San Jose License Attorney, we are committed to protecting your professional license. Having an experienced, competent attorney by your side in such cases ensures that the best possible outcome is diligently pursued on your behalf. He or she also ensures that every detail of the result is openly and honestly shared with you.
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It is crucial to protect your profession and license. Licensing accusations, complaints, reporting to local authorities, licensing board measures, and disciplinary investigations affecting the viability or restoration of your license are all significant issues with high stakes. Whether you are a doctor, an engineer, a teacher, or any licensed professional, you rely on your professional license daily. Your license enables you to practice your preferred profession, providing financial support for you and your loved ones.
The regulatory agency might not be aware, if you know that the complaint or allegation that led to the inquiry or disciplinary action is baseless. Their mission is to ensure that licensed professionals perform their duties effectively and treat their clients with respect.
If you're a California professional facing administrative penalties as a consequence of a license complaint to your state licensing board or agency, do not give up. There are steps you can take to reduce the impact of the board's inquiry and any resulting disciplinary actions, maintain the validity of your professional license, and defend your profession.
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You should contact a professional license defense lawyer as soon as possible after receiving a formal notice from the Department of Consumer Affairs ("DCA") or your specific Bureau or Board. By starting early and gathering all the facts, we at the San Jose License Attorney will help you vigorously defend your case to reach the best possible outcome, perhaps avoiding administrative proceedings, which may be costly and unpleasant for you and your witnesses. Our objective is to protect you, your license, and your livelihood as we understand the severity of the situation in your case. Call us now at 408-850-3740.