A new troubling trend has recently emerged in the discipline of California health care professionals. The California Department of Health Care Services, or DHCS, has begun to order some health care licensees, such as registered nurses or occupational therapists, suspended from participating in the Medi-Cal program if they are placed on probation
Professional License Law
License Discipline for Uncharged Criminal Matters
Licensees and license applicants are usually aware that criminal convictions can cause them problems with state agencies. As we’ve discussed on this blog before, even expunged convictions show up on a rap sheet, and licensing agencies have the statutory authority to require that the conviction be disclosed. What licensees often don’t realize is…
New Reporting Rules for Real Estate Brokers and Salespersons
As of 2012, the Department of Real Estate now requires its licensed brokers and real estate salespersons to report certain “adverse events” to the Department. Business and Professions Code §10186.2 requires a licensee to make a report, in writing, within 30 days if any of the following occur:
– A licensee is charged with a…
The Dangers of Representing Yourself at Hearing
“in pro per” “in propria persona” “rules at hearing” evidence hearsay representation…
Continue Reading The Dangers of Representing Yourself at Hearing
Criminal Probation and the Licensing Case
Probation Expungement licensing rehabilitation…
Continue Reading Criminal Probation and the Licensing Case
Rehabilitation in Department of Real Estate Cases
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…
Winning Writs of Administrative Mandamus to Appeal Adverse License Decisions
After an adverse decision, such as a decision by a Board or Department to revoke a license, a licensee has as little as 30 days to appeal that decision to the Superior Court. This appeal, called a petition for writ of administrative mandamus, seeks a court order commanding the agency to set aside the disciplinary…
Certain Felonies Can Bar MLO Endorsement Applications for Life
Since the passage of the SAFE Act in 2008 and the subsequently enacted legislation in California, real estate professionals and employees of California finance lenders who want to originate home loans in California must apply for a Mortgage Loan Originator (MLO) endorsement through the Nationwide Mortgage Licensing System & Registry (NMLS).
For licensees and applicants…
Department of Insurance Orders of Summary Denial or Summary Revocation
The California Department of Insurance wields arguably the most powerful licensing law in California, California Insurance Code section 1669. Section 1669, which applies to applicants but also to existing insurance broker licenses through a related statute, empowers the Commissioner to summarily deny or summarily revoke (without a hearing) an insurance broker license for a felony…
The California Office of Administrative Hearings
In California, the Office of Administrative Hearings (OAH) hears all professional license discipline or denial cases, except for liquor license and attorney discipline hearings. The same administrative court hears cases for such varied occupations as physicians, architects, dentists, insurance brokers and engineers. A panel of about 75 administrative law judges (ALJs), working our of four…
