In June 2014, Commission on Teacher Credentialing (CTC) received a report from the Division of Professional Practices (DPP) regarding the processing of its disciplinary cases.   In response to a growing backlog of disciplinary cases referred to the Attorney General’s office for disciplinary prosecution, additional funding was granted to the CTC for more efficient processing of cases.  In 2016, as a backlog of almost 300 cases choked the system, CTC increased fees and directed additional funds to the Attorney General’s Office.  That effort has resulted in additional hiring at the Attorney General’s office, and in turn numerous new disciplinary cases against teachers and appeals of credential denials reaching the hearing process.

As the DPP report found, most CTC disciplinary cases involve crimes against children, sex crimes, and crimes involving alcohol and drugs.   The CTC disciplinary process is a two-step process.  The criminal conviction or complaint initially goes before the CTC for informal review, at which time an explanation from the teacher or teaching license applicant, usually offered in writing, is considered.  An attorney can be very helpful in crafting a response to the CTC.  If the explanation is found to be reasonable, and the case is not too serious, sanctions may range from no action at all to a short suspension.  More serious cases can result in a recommendation of revocation of the credential.  In any case where the penalty is unacceptable or revocation is recommended, we strongly recommend that the teacher request an administrative hearing.  In almost all cases, the teacher will continue to hold a valid credential while the disciplinary case is pending.

Ray & Bishop, PLC, vigorously defends California professional license holders accused of misconduct.  If your credential is at risk, call 949-557-4888 for our help or visit our website to speak to an experienced teacher license defense attorney today.  Legal advertisement.

Our firm just received a decision from the fourth consecutive disciplinary case against a physician by the Medical Board of California.  The physician was already on probation, and in two prior cases, the physician’s probation had been extended.  The Board accused the physician of misconduct while on probation, and forced the physician to make statements because he was on probation.  Since the standard of proof is much lower to discipline someone on probation – probation can be violated on a showing of only a preponderance of the evidence – the Medical Board of California filed a petition to revoke probation in addition to an accusation.

However, fortunately for the physician, an administrative law judge agreed with our arguments that the Medical Board of California did not meet its burden of proof and dismissed the disciplinary case.   The physician’s license was saved.

This case result does not constitute a guaranty, warranty or prediction of the outcome of any other license discipline case.  Every case is unique.  For more information about how we can fight to save your license, call Ray & Bishop, PLC at 949-557-4888, or find more information at www.rayandbishop.com.  Legal advertisement.

California licensing agencies can issue a default decision against a licensee who has no idea their license was even in trouble.  If you’ve moved and failed to notify your licensing agency about your new address, have trouble getting your mail, or have someone else handling your mail, the first time you learn your license is in trouble might be after your license has been revoked.  But there is something you can do about it.

In California, when an accusation is filed against a licensee (starting a formal discipline case), for almost all cases the licensee must file a document called a notice of defense within 15 days of being served with (sent) the accusation in order to request a hearing and avoid default.  If the licensee fails to preserve their right to a hearing within 15 days of service, the state agency can proceed to discipline the license right away without a hearing.  That almost always means a license revocation done by default.

However, there is relief available from default.  If you act within seven days of when the default decision was served (which usually means seven days from when the agency sent it, not when it arrived), under Government Code section 11520 you can ask the agency to set aside the default.  This motion is best done by an attorney, but it has to be done quickly.  The attorney files a motion and a notice of defense.  If you have a good excuse for not filing the notice of defense, the agency will usually reinstate the license and let you defend the license discipline case.  If the motion is unsuccessful, there can be other options, like asking for reconsideration or filing an appeal in Superior Court (called a writ petition), but those options are more complicated and can be much more expensive.

There is a second type of default – one that the licensee usually knows about.  That’s when a licensee files a notice of defense, but fails to show up at their administrative hearing.  In that case, there is also window of time to ask to set aside the default before a proposed decision is issued.  If you let that time pass, then you have to try the seven day motion or other legal options.

A surprise default, or realizing you didn’t show up at your hearing, is about the worst feeling a licensee can have.  Call the attorneys at Ray & Bishop at 949-557-4888 for immediate help.  For more information, our website is www.rayandbishop.com.

It only takes a split-second of bad judgment for a registered nurse to get behind the wheel of a car after consuming some alcohol, but the professional consequences can be severe and last a lifetime.  Any nurse with a DUI arrest can attest to the painful, humiliating consequences of being dragged before a judge and accused of the crime.  Harsh fines, mandatory classes, and driving restrictions can be handed down in court.  But the true professional consequences often spring up months or even a year or more after the arrest and conviction.  The California Board of Registered Nursing (BRN) has stiffened penalties and adopted stricter enforcement measures against nurses who are accused of a DUI, sometimes even if the nurse is not even convicted.  If you are a nurse in this situation, read on to find out what could happen to you, and how qualified, experienced counsel can help.

BRN usually makes contact with a nurse involved in a DUI either immediately after the arrest or soon after the conviction.  The Board may get involved because the California Department of Justice has notified the BRN of an arrest or of a conviction.  Nurses have an obligation to report criminal convictions to BRN, so self-reporting can also trigger Board inquiries and action.

In reaction to a report of a DUI arrest or conviction, the Board’s first step is sometimes to offer the nurse entry into its “confidential diversion program,” a third-party program designed to help addicted professionals get clean from drugs or alcohol.  Nurses will often get a form letter from the Diversion Program, signed by an analyst or sometimes just from the “Program” generally, indicating that the Board has been made aware that the nurse suffered a criminal incident involving drugs or alcohol.  While the decision to enter diversion is a personal one and cannot be made by an attorney or a third party, one can see from the program description on the BRN website that diversion is meant for addicted professionals.  It is often a poor fit for nurses who do not struggle with addiction, and the decision to enter diversion should be made after careful consideration.  Also, although diversion can avert Board discipline, failure in diversion can lead to discipline after a torturous path of scrutiny at intake, addiction treatment, suspension from work, and harsh oversight.

If a nurse declines diversion, the Board usually reappears a few months later—sometimes before the conviction, sometimes after—with a letter requesting the nurse to provide a litany of documents, including certified court records and police records, along with an explanation of what happened.  The timing of this letter is critical.  If a nurse has not yet been convicted or plead to any crime, then he or she must carefully consider how to balance their Fifth Amendment right to remain silent against the Board’s request.  This is where the involvement of a licensing attorney, sometimes with input from criminal defense counsel, can make an important difference.

Assuming a conviction results from the arrest, the conviction must now be reported to the Board of Registered Nursing and explained in detail.  Strong evidence of rehabilitation should be gathered and presented to the Board at this stage, and an experienced licensing attorney will know the Board’s reporting requirements and the most helpful evidence to include with a nurse’s letter of explanation.

Whether the Board ultimately files an Accusation—a formal disciplinary charge against the nurse—depends on a few factors.  Recently, the Board has been filing Accusations on single DUI convictions at all blood alcohol content levels, after evaluation of the circumstances of the intoxication and arrest and other factors.  For multiple alcohol-related convictions, the Board will almost always file a case even if many years pass between incidents.  If you are a nurse who receives an Accusation, it is vital that you get representation immediately.  Your license is at stake, and your future employment could depend on the type of conditions attached to your license as a result of Board discipline.

Click here to find out more about how Ray & Bishop defends registered nurses and RN license applicants.

Senior Associate Ms. Lindsay Johnson recently represented a prospective insurance agent who had been summarily denied a license because of a felony conviction for assault.  As we have discussed on the blog before, a “summary denial” is a denial that precludes the applicant from even having an administrative hearing on the issue of fitness for licensure.  The answer from the Department was a flat “no” with no recourse.

Except, through Ms. Johnson’s diligent work, we filed a petition for reconsideration with the Department of Insurance, and the summary denial was set aside.  The matter was ordered to be heard at an administrative proceeding.  However, through negotiation and the presentation of quality evidence, our client was granted a restricted license without the need for hearing.

As with all our fine results, we have to make clear that no individual case outcome can help predict what will happen in your case.  Every case is different, and this summary of excellent work does not constitute a warranty or a prediction of your case.  If you have a problem with the Department of Insurance of any kind, you should seek qualified, experienced counsel.  Legal advertisement.

As we recently highlighted, our excellent associates are particularly successful when appearing in front of state agencies on Petitions for Reinstatement.  Ms. Lindsay Johnson appeared in front of the Board of Vocational Nursing and Psychiatric Technicians on behalf of an LVN who had surrendered her license after being placed on probation.  At the time of the discipline, the client was represented by a different firm.  With Ms. Johnson’s help, our client presented strong evidence of rehabilitation and sobriety.

Ms. Johnson appeared before the Board and presented evidence and arguments in the client’s favor.  The Board reinstated the client’s license to practice.

No individual case outcome can help predict what will happen in your case.  Every case is different, and this summary of excellent work does not constitute a warranty or a prediction of your case.  If you are an LVN with a licensing problem, you should seek qualified, experienced counsel.

Our firm boasts some of the finest attorneys in California.  Recently, our Senior Associate Attorney, Ms. Lindsay Johnson, achieved remarkable success with the California Board of Accountancy.  Our client’s CPA license had been revoked in a prior disciplinary matter that was handled by another law firm.  The client had been convicted of making false statements to a federal agency, preparing a false tax return, and burglary.  The Board later learned that our client had failed to disclose his license denial on another state application and, additionally, had been denied the right to appear before the Securities and Exchange Commission.

In spite of these obstacles, the client originally tried to reinstate without the help of an attorney, but was unsuccessful.  After hiring our firm, Ms. Johnson appeared with the client at a meeting of the Board of Accountancy and proved that our client was competent and rehabilitated.  The Board agreed, and reinstated the client’s license.

No individual case outcome can help predict what will happen in your case.  Every case is different, and this summary of excellent work does not constitute a guaranty, warranty or a prediction of how your case will go.  Nevertheless, our firm has demonstrated a track record of success with the Board of Accountancy, and if you are a CPA with a licensing problem, you should seek qualified, experienced counsel.  Legal advertisement.

One of the common concerns we hear from hardworking people who want to get a license is “I don’t think the Board would take somebody like me.”  These are often young, well-meaning, accomplished people who made a mistake in their late teens or early 20s that turned out to be criminal.  Maybe they drank more than they should, maybe they had a crew of friends that wasn’t career-focused, or maybe they just made a bad decision that led to criminal consequences.  If you are denied a professional license because of your criminal record, the most important question to worry about isn’t “can I get this expunged” or “how much time do I have to wait” or “do I have to disclose this to the agency?”  The most important question is “am I the same person now as I was when I committed the crime?”

For the vast majority of our clients, the answer to that question is “no, of course not.”  They grow up, they get jobs, they get new friends, they stop drinking, they pursue life goals, and they bear nothing in common with the less mature person who committed the crimes on their record.  The challenge is in the proof—how do you prove to the agency that you’re not the same person you were?

That’s where experienced counsel makes all the difference.  A lawyer who’s experienced in licensing law will know exactly how to take all the positive changes you’ve made in your life and present them to a judge or to an agency so that you have the best chance possible of reaching your career goals.  All of those questions we posed above, about expungement or waiting or disclosure, are very important, but they’re only important insofar as they help you prove that you are different.  In fact, most agencies have specific rules that dismissal of a case alone does not prove rehabilitation, notwithstanding the new regulations that were meant to make things easier for people who get their cases expunged.  In the same way, most agencies have specific rules that say “the passage of time alone is not sufficient,” so our clients have to make sure they are spending that time wisely, rehabilitating themselves and gathering evidence to answer the most important question: “Am I the same person?”

If you’re worried that your criminal record will keep you from getting a professional license, consult with an experienced professional license defense attorney.  It’s what we’re here for.

We have successfully saved many RNs in California from license revocation after serious, lengthy Accusations were filed against them.  As a consequence of a pattern of convictions or a serious mistake, RNs often have to serve a period of probation with the Board of Registered Nursing.  The most common length of a probation term is three years.  This can be a serious interruption in a successful nursing career because of the employment approval and the limitations on overtime work.  For nurses who have alcohol-related or drug-related discipline, the conditions are even more arduous and costly, including mandatory drug testing, nurse support groups, and AA meetings, in addition to the standard terms and conditions.

There is good news!  RNs are eligible to file a petition for early termination or modification of probation as early as one year after they go on probation.  For nurses on a three-year term of probation, they can ask the Board to modify their probation and reduce some of the terms after one year from the effective date of the Decision.  That means that a nurse who’s been testing clean for a full year can approach the Board about at least lifting or modifying the alcohol related terms.  He or she could also ask for the ability to work for different agencies or for a nursing registry, get permission to work overtime, or reduce the required supervision to open up more career opportunities.

For nurses who have completed two years of probation, they can ask the Board to terminate probation early.  Even a few months saved off of a three-year term can reap a significant reward, as the earning potential of a nurse who can become a charge nurse or a supervisor can increase dramatically.

Our firm has helped hundreds of nurses navigate probation.  If you are interested in pursuing early termination or modification of probation, contact an experienced license defense attorney right away.

Click here to find out more about how Ray & Bishop defends registered nurses and RN license applicants.

When a licensed professional is targeted by a state agency for an investigation, it can be one of the most stressful episodes of their career.  It’s often unclear what documents have to be turned over, whether or not interviews are “voluntary” or “mandatory,” and what the consequences of the investigation could be.

We have covered the importance of legal counsel for licensed professionals who are going through an investigation in past posts.  Recently, we have seen investigations that appeared to be dormant or inactive suddenly spring to life, either in the form of an investigator asking for more information after six months or more of silence, or in the form of an Accusation filed against a licensee after almost two years of silence from the agency.

What specific lessons can we learn from these lengthy timelines?  For one thing, it is even more important to have an experienced attorney manage an investigation case.  In our office, we keep physical and electronic records for each client active no matter how long the agency has been silent, so that we are prepared in the event of a change of circumstances.  For another, it’s important to remember that an investigator could continue an investigation or conduct an interview at any time, even many months later, so a licensed professional should always be cautious when dealing with an agency.

The biggest lesson for our clients, though, is more fundamental.  Often, as a result of an investigation, our clients learn that a particular aspect of their business or practice either should be or needs to be improved: whether it’s charting, record-keeping, accounting, or any number of professional skills, often we identify business practices that our clients should correct in order to avoid professional discipline.  These changes are important and must be permanent, because the agency never stops watching a licensee after an investigation is opened.  It is no good to make positive changes for six months or for a year and then go back to the old way of doing things, because if the investigator comes calling or an Accusation is filed, those business practices may make the difference between success and failure in an administrative case.