After a license hearing, the administrative law judge (ALJ) will issue a proposed decision. Under Government Code section 11517(c)(1), the ALJ has 30 days to issue the proposed decision. (However, there is no penalty if this deadline is not met.) Thirty days after the ALJ issues the proposed decision, each side in the case
One of the most confusing parts of licensing law is the concept of “who makes the final decision?” Even though licensees have the right to an administrative hearing before they are disciplined in any way by the agency, the written result of hearing is called the “proposed decision” and doesn’t become final until the agency…
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?