Professional License Law

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“the SAFE Act requires applicants to submit to credit checks to determine if an applicant has demonstrated ‘financial responsibility, character, and general fitness such as to command the confidence of the community and to warrant a determination that applicants will operate honestly, fairly, and effectively”…
Continue Reading First SAFE Act Mortgage Loan Originator Cases Coming

Widespread use of the internet by regulatory agencies to post disciplinary actions, causing damage to licensees’ reputations and dramatically impacting careers, is a deeply unfortunate reality.  Prior to widespread use of the internet, “practical obscurity” kept disciplinary information largely out of the reach of the public, because records were only available by telephonic…

Lawyers accustomed to the impartiality and significant due process protections of Superior Court often fail to understand who the decision makers are and how decisions are made in license discipline litigation. Administrative law requires a “Goldilocks” approach.
Continue Reading Separation of Powers in Licensing Law: Are My Prosecutor and Judge the Same Person?

California’s insurance brokers are licensed and disciplined by the Insurance Commissioner through the Department of Insurance (DOI).  It has been my experience that the Department of Insurance takes a firm stance in disciplining its licensees.  In my view there are three reasons that account for this: 1) the Insurance Commissioner is an elected public official…

Earlier this month I had the privilege of participating for three days in the Betty Ford Center’s Professionals in Residence program at this world famous drug and alcohol addiction treatment hospital in Rancho Mirage, California.  This program gave me insight into the Betty Ford Center’s Professionals Program, where licensed professionals, typically physicians and attorneys,…

By far the number one question we get in our law offices is about the disclosure of criminal convictions on license applications and license renewal forms.  Some  people see themselves facing the choice of whether to be honest and disclose, almost certainly triggering a license problem, as opposed to lying to possibly get away with it…