When a California licensing agency seeks to discipline a license by filing and serving an accusation, in the accusation there is usually a request for cost recovery. Cost recovery is mandatory reimbursement paid to the agency for all of its investigative costs and attorneys fees. In other words, if you receive an accusation against your
Professional License Law
Responding to an Investigative Subpoena or Request for a Release from a California Licensing Agency
The first contact that a California licensee may receive from a licensing board investigator is either a letter asking the licensee to sign a waiver form for the release of records, or receipt of a copy of an investigative subpoena to a third party seeking certain personal records. The request for a release or waiver…
Petition to Reinstate Your Revoked California License
In California, practically speaking, there is no such thing as a permanently revoked license. I can think of a couple of rare examples of licenses that cannot be reinstated, for example, if a physician is spending life in prison, or an attorney has been convicted of a felony that cannot be reduced. However, for the…
New Retroactive Fingerprint Requirement for California Board of Accountancy Licensees
Effective January 1, 2014, under Title 16 California Code of Regulations section 37.5, all certified public accountants who have not previously submitted fingerprints to the California Board of Accountancy (CBA) must do so as a condition of their license renewal. At least since 2011, the CBA has required fingerprints with applications. However, thousands of CPAs…
Discipline of California Licensees Due to Other State Discipline
California licensees can face license discipline or denial not only for allegations of wrongdoing or criminal convictions, but also due to prior discipline of licenses held in other states. Although this can happen among any of the professions, the most common professions where other state discipline impacts a California license are physicians and nurses. It…
Choosing the Right California License Lawyer
It seems that every few days I run across someone new who claims to be a “professional license lawyer”, “occupational license lawyer” or “license defense lawyer”. Looking at flashy websites and claims of experience and thorough knowledge, it is difficult to tell who is a qualified, experienced professional license lawyer and who isn’t. However, there…
Orange County and Riverside County Occupational License Cases
Orange County and Riverside County licensees and license applicants may typically have their cases heard in either the Office of Administrative Hearings in Los Angeles, the Office of Administrative Hearings in San Diego, or a local venue in Orange County, depending upon the licensing agency. Certain large boards, such as the Medical Board of California…
Surviving a FINRA OTR (On-The-Record) Deposition
The financial regulatory agency FINRA disciplines stock brokers and financial advisors who are associated with its members. A FINRA investigation can culminate in an “on-the-record” interview, or OTR, also referred to as a deposition. A FINRA OTR is a critical development in an investigation, as it signals that FINRA is seriously considering discipline against an…
The Department of Real Estate Has Become the Bureau of Real Estate
Effective July 1, 2013, a much anticipated change has occurred – the independent entity known as the Department of Real Estate has become a license agency within the Department of Consumer Affairs known as the Bureau of Real Estate. The purpose of this realignment is to save money as certain functions handled by the Bureau…
Before Appealing, Consider Reconsideration
After receiving an order revoking or disciplining a license, there is a less expensive alternative to a direct appeal that a licensee can take just after getting an adverse decision but before attempting an appeal in the courts: a Petition for Reconsideration filed directly with the state agency. Petitions for Reconsideration are the licensee’s opportunity…