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California Administrative Law Attorneys
At the law offices of Samuel Spital and Associates, our lawyers have extensive experience representing clients STATEWIDE who are facing the loss of their professional licensing. Since our founding in 1978, we have built a reputation for zealous advocacy and relentless representation. Our commitment is to offer the highest quality and service possible to our professional clients.
Contact us today to schedule a consultation.
Understanding the Hearing Process
If you have a California business or professional license, you are entitled to a formal hearing to determine the validity of any allegations that have been made against you, under the Administrative Procedure Act (APA). You will receive a written notice, and if you request the same, you will receive a hearing before an Administrative Law Judge with the statewide Office of Administrative Hearings.
Unlike our judicial system involving trials by judge or jury, an administrative hearing is ultimately decided by the licensing board, agency, bureau or department. Even if the administrative law judge issues a decision in your favor, the Proposed Decision can be modified and/or rejected by the state board, agency, bureau or department.
Once a decision is made, the administrative agency has up to 100 days to either:
- Adopt the proposed decision
- Modify the proposed decision
- Reject the proposed decision
If the agency rejects the proposed decision, it will issue its own decision. This happens in cases when an agency feels the judge did not interpret the facts properly, did not apply the law properly, made a mistake in some fashion and/or was too lenient. The agency's decision becomes final if a Motion for Reconsideration is not timely filed. Otherwise, the decision can be appealed to Superior Court as long as the appeal is within the time deadlines.
Investigative Stage
If you or your attorney discover a complaint has been filed or is being reviewed, it may be possible to "nip it in the bud" at the investigative stage. Hence, it is important to obtain experienced legal counsel at the very earliest stage of an administrative case, whether informal or formal.
As your personal California Professional State Licensing Attorneys, we at Samuel Spital and Associates will develop a comprehensive brief that not only addresses the licensing agency's concerns, but also establishes a basis for our client to continue to practice their vocation or profession. The goal of Attorney Samuel Spital is to resolve the case without the need to proceed with the filing of a formal Accusation.
Possible outcomes of an investigation include:
- Closed and the complaint is found to be "unsubstantiated"
- Closed and retained for one year if the complaint is found to be "inconclusive"
- Closed and retained for five years because the complaint is found to have merit, but insufficient evidence to prosecute the licensee
- Closed and an investigative fine is imposed
- Referred to the Office of the Attorney General or to the agency's Legal Division for prosecution
- Referred for issuance of a citation
- Referred to the local district attorney or other law enforcement agency for criminal prosecution
Contact Us
Are you under investigation for a criminal action or professional misconduct? Are you in danger of losing your professional license? Contact us today whether you are in Northern or Southern California for more information about our firm and the administrative law process.
Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850
Call 7 days a week at any hour or send an e-mail now.