KAASS LAW - Litigation and Trial Law Firm

Your career may be in peril if you hold a license in California as a licensed professional, such as a doctor, teacher, or real estate broker, if you receive certain types of criminal convictions. Authorities from all throughout the state are looking over court records, checking fingerprints, and looking into complaints. Professionals with spotless records risk having their licenses suspended or revoked. However, the good news is that those with professional licenses have a stake in them. The board, division, or commission in charge of your regulation cannot abruptly cancel your license without first giving you the chance to request a hearing.

Can a conviction result in the loss of my license?

If you've made amends, completed your probation, had your case dismissed, etc., prior convictions may still follow you around if you're a professional in California and have had previous convictions. Your professional license may be subject to revocation or suspension by your regulatory body or department. Whereas if you were convicted of a felony that the employer considers has a material impact on your capacity to carry out your job obligations. In fact, it's conceivable that the reason you're reading this is because you've already got a charge that details the consequences of a conviction. If you don't have a license but have requested for one, you might have received a statement of difficulties. Meanwhile, pay attention to the following:

Don't worry
Think very carefully about hiring legal counsel
Be watchful and mindful of deadlines

Can I request a hearing on my disciplinary case?

In accordance with the Administrative Procedure Act, you have a right to an administrative hearing in your disciplinary matter. Administrative hearings are held to "check" excessive enforcement attempts. By doing so, they help to maintain a proper balance between the public's right to protection from potentially dangerous experts and the right to a living. The Office of Administrative Hearings (the "OAH"), which manages approximately 10,000 cases annually, oversees the administrative hearing procedure.

How Will my Hearing Proceed?

With opening and closing arguments, evidence, and witnesses, an OAH administrative hearing is similar to a mock trial. Sacramento, Oakland, Los Angeles, San Diego, and other cities hold hearings in designated courtrooms. The licensing authority attempting to revoke (or deny) your license is not related to the ALJ. The ALJ is a qualified attorney whose responsibility it is to guarantee that you have a fair trial. Regardless of whether you hire legal representation, a lawyer will argue on favor of the licensing body. If you choose to represent yourself, you may wish to look at OAH's webpage on the subject. In an administrative hearing, there is no jury.

Can I appeal to the court if I lose my hearing?

If the hearing procedure has failed and you have asked the licensing body to review its decision, there may still be something further you can do. In a petition for writ of administrative mandate, you can request that the Superior Court review and overturn the licensing authority's decision. This trial has existed for some time. There will be no "retrial" of your case. To ensure that you have a fair hearing in your unique instance, a trial court judge will review everything. That's why the licensing board will not have "abused its authority" by breaking the law or issuing an order.

Glendale Personal Injury Lawyer

If you or someone close to you is facing criminal charges and you want to engage a lawyer to represent you. You can contact our Glendale lawyer today for a consultation and case review. Please feel free to give our office a call at 310.943.1171.