In 2016, our firm represented a DMV-licensed salesperson who had been convicted of a felony for making a false insurance claim. With our help, he obtained a reduction of the felony and expugement of the resulting misdemeanor, but he had to defend his salesperson’s license from an Accusation by the DMV in administrative court. We
Professional License Law
Insurance Producer Accused of Fraud and Theft Ordered Only to Pay a Fine
By John Bishop on
Posted in Case Results, Professional License Law
We represented an insurance agent in 2016 who was accused by a former partner of diverting premium payments from his clients. Over a two-day hearing, the Department of Insurance aggressively brought evidence and witnesses against our client alleging that he was dishonest and lacked integrity.
We successfully proved that the client did not divert any…
Reinstating an Insurance Broker License After Revocation
By Fredrick Ray on
Posted in Professional License Law
Insurance Code section 1669(d) empowers the California Insurance Commissioner to summarily deny (without a hearing) a license application within five years of a license revocation. For an insurance broker who has lost their license, this five year window can present a trap. If you re-apply within five years and are denied, under section 1669(c), the…
ABCs of BRE Broker Audits
By Fredrick Ray on
Posted in Professional License Law
The Bureau of Real Estate can dispatch an auditor to conduct an on-site audit of a broker’s operations. These audits typically focus on proper use of the broker’s trust account, but usually also include a full compliance check of the real estate broker’s operations. BRE audits are usually triggered by a complaint. A typical audit…
Your Hearing’s Around the Corner? It’s Not Too Late to Get Legal Help
By Fredrick Ray on
Posted in Professional License Law
If for whatever reason your license discipline or license denial hearing has snuck up on you and is right around the corner, don’t throw in the towel or go it alone. Even with just a few days to prepare, an experienced license defense attorney can make a night-and-day difference in the outcome of an administrative…
DCA Investigations: Proceed With Caution
By John Bishop on
Posted in Professional License Law
Being the target of a licensing investigation is one of the most surprising and stressful things that can happen to one of our professional clients. Investigations often immediately follow a workplace incident, often where a disgruntled employer sometimes reaches out to the Board directly. Or, a client may have a vindictive coworker or supervisor who …
Similar Cases, Different Results
By John Bishop on
Posted in Case Results, Professional License Law
“in propria persona”, “unrepresented litigant”, “hiring counsel”…
Continue Reading Similar Cases, Different Results
Avoiding Mistakes – Disclosing Old Convictions on Applications
By John Bishop on
Posted in Professional License Law
Clients often have an inaccurate picture of their own eligibility for a professional license. If a client has suffered a misdemeanor conviction in recent years, almost all state agencies will use the conviction to justify denying the application. However, as the conviction becomes extremely old, the agency becomes less and less likely to use it…
Governor Brown Signs AB 2396, Limiting the Use of Expunged Convictions to Deny License Applications
By Fredrick Ray on
Posted in Professional License Law
On September 28, 2014, Governor Brown signed Assembly Bill 2396, which added language to Business and Professions Code section 480. This addition to the law provides that an individual with an expunged conviction cannot be denied a license solely because of the expunged conviction, notwithstanding any other law in the Business and Professions Code. This…
California Department of Insurance Rules for Maintaining Files and Records
By Fredrick Ray on
Posted in Professional License Law
The California Department of Insurance, pursuant to Title 10 California Code of Regulations section 2190.7, requires that an insurance producer maintain certain records that must be open and available for Department inspection at the agent’s place of business. The principal rule, found under section 2190.3, requires an agent to keep his file for 18 months…