accusation

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As we have discussed on our website, Registered Nurses during the pandemic have suffered unprecedented challenges. Even when emergency measures are eased and requirements are relaxed throughout California, hospitals remain ground zero for those suffering from COVID-19, including the highest acuity patients suffering from the most severe reactions to the disease. Nurses in hospitals…

Out-of-state discipline is a common basis for California license discipline, under the applicable statutes that allow the Board of Registered Nursing to seek collateral discipline against a licensee who is disciplined or censured by another state’s licensing entity (even when the licensing entity is not necessarily a nursing board). In this case, our client was…

One of our most interesting cases in 2014 involved the Respiratory Care Board.  Many licensed professionals don’t realize that their conduct both inside and outside of the workplace is under scrutiny by the state.  When licensees are accused of a crime, they often express surprise that the Board cares, reasoning that the crime “didn’t happen…

A Notice of Defense is the document a licensee and some license applicants submit to preserve their right to a hearing after receiving an accusation or denial.  If a Notice of Defense is not timely filed, a licensing agency can take the licensee or license applicant’s default.  A default usually means that the harshest sanction…

 An accusation is the document that commences formal license discipline against a California licensee.  If you know something about law, you might have heard of a civil or criminal complaint; it is similar.  Simply put, it is a letter from the executive officer or an administrative chief of a licensing agency to the governing body…

For the start of 2014, I am creating a new line of articles I am calling "CA License Law 101".  With a sorry lack of good information on the internet that explains how license law works for the California licensing agencies that follow the Administrative Procedure Act (basically all of them), I will strive to get "back to…

In early 2013 we tried a case involving a criminal conviction suffered by a California insurance producer.  The insurance producer had been convicted of misdemeanor child abuse.  The allegations in the police report, introduced into evidence at hearing, were sensational, alleging multiple acts and a past pattern of wrongdoing.  The Department took the position that…

When the Department of Real Estate seeks to discipline a licensee or deny a license application, it is required by California law to establish specific “criteria for rehabilitation.”  These criteria are very important to understand for licensees and applicants.  Essentially, by publishing these criteria, the Department of Real Estate (DRE) provides a statutory…