A professional license in California provides access to a wealth of options. But what would happen to your license if you faced disciplinary action or revocation? During this challenging moment, the Administrative Procedure Act (APA) becomes your indispensable guide.

The answers to the most frequently asked questions about the hearing that determines the fate of professional licenses will help you handle this complex procedure, regardless of whether you are trying to have your license reinstated or are facing possible revocation. This guide serves as your road map for understanding the APA and restoring your credibility in the workplace.

What is an Accusation and a Statement of Issues?

Although "statement of issues" and "accusation" are sometimes used synonymously in license discipline hearings, they are distinct.

Formally, the process begins with an accusation. This is the document produced by the licensing authority, detailing:

  • The accusations of misbehavior made against you, the licensee.
  • The specifics of infractions, for example, negligence or ethical breaches.
  • The applicable laws and regulations that you violated and
  • The possible outcomes for the license, for example, suspension or revocation.

The statement of issues notifies you in writing of the licensing body's intention to refuse your license. It provides a precise justification for the decision. The assertion could contain:

  • Particular laws or license requirements that you are accused of breaking.
  • Supporting documentation for the rejection, for example, failed tests, incomplete applications, or negative background checks.
  • Your right to a hearing to contest the refusal.

As soon as you receive a statement of issues, you must act quickly. You should file a notice of defense.

This document formally asks an administrative law judge to hear your case so you can refute the accusations against you. Furthermore, a default judgment could arise if the notice of defense is not filed within the designated time frame, usually 15 days after receiving the document. As a result, you give up the right to a hearing, and the licensing body is free to move forward with the planned action (denial or discipline) without facing any more obstacles.

What Should I Expect in an Administrative Hearing?

During the pre-hearing stage, agencies could share witness lists and evidence. Both parties could also submit pre-hearing motions, including requests to compel witness testimony through subpoenas or the exclusion of particular evidence.

An unbiased administrative law judge (ALJ) presides over the hearing itself. Through your attorney, you will make introductory remarks that restate your main points of contention. You will then present evidence challenging this contention. You and the licensing authority alternately present respective claims using exhibits, documentation, and witness testimony. The hearing allows for both you and the agency to cross-examine witnesses. After all the evidence is presented, closing arguments follow. These remarks allow each party to restate their position and implore the ALJ to find in their favor.

Note: The administrative hearing is less formal than criminal and civil proceedings. That also means the rules of evidence are more relaxed.

What Evidence is Needed for Reinstatement?

To support your petition to reinstate your professional license, you must meet specific standards for evidence. Even though these specifications change according to the offense and governing board, the following strengthen your case:

  • Original records of offenses — Present a copy of the order that describes the license-revocation procedure you were subject to.
  • Evidence of rehabilitation — Show proof of completion for any courses you took to improve your professional abilities or gain knowledge about the offense.
  • Treatment — Provide evidence of completed treatment and, if appropriate, continued supervision for substance misuse or mental health concerns.
  • Character references — Get letters from mentors, employers, or coworkers confirming your moral behavior, good character, and good reputation following the incident.
  • Past employment experience — During the waiting period, provide proof of steady, responsible work, preferably in a relevant field.
  • Volunteer work — Provide records of your volunteer work that show your dedication to making a good impact in the community and serving others.

You can also present the following as additional proof in support of your case:

  • Apology letters, if any are necessary, for your offense's effects on the people it harmed.
  • If there was any financial wrongdoing, present proof of your financial responsibilities.
  • Any further evidence of regret, dedication to moral behavior, and willingness to return to responsible practice.

Am I Required to Testify in My Hearing?

Depending on several variables, your testimony could be required as a licensee or applicant in a license discipline hearing. At the hearing, you generally have the right to submit your case, which frequently entails testifying on your behalf. This is your opportunity to clarify your position, respond to charges, and even sway the conclusion to your advantage.

Nonetheless, choosing to testify needs careful thought. Seeking advice from a lawyer who specializes in administrative law is essential. They can evaluate the advantages and disadvantages of your case and advise you on whether testifying will bolster your defense or highlight any shortcomings.

You could also be subpoenaed. The opposing party or the licensing body may occasionally use a subpoena, a court order mandating your presence, or a request for testimony or document production to compel your testimony. A subpoena requires your appearance, and noncompliance carries consequences.

What Happens After an Administrative Hearing?

After the hearing, the administrative law judge carefully considers all the arguments and supporting documentation before providing a recommended ruling. Depending on the case's complexity, this could take up to 30 days or more. The judgment outlines the ALJ's conclusions, legal findings, and recommended action.

After that, the licensing body has a set amount of time, typically 100 days, to decide. They exercise a great deal of discretion throughout this review. They could:

  • Adopt the judge’s recommendation — They can accept the ALJ's recommendation as the ultimate agency judgment. This is likely if they concur with the judge.
  • Modify the decision — They can change the suggestion, maybe raising or lowering the suggested fine.
  • Reject and issue a new ruling — If they disagree with the ALJ, they could reject the proposed ruling. This could happen if they think the ALJ was too lenient or made mistakes in their assessment.

The ALJ's suggested ruling becomes final by default if the agency does not take action within 100 days. Further, the agency's judgment becomes final if you do not consider it through a possible reconsideration procedure. This is not necessarily the end, though. Through an administrative writ of mandate procedure, you can appeal the final agency judgment and present your case before a higher court.

Is Settling Possible in a License Case?

Yes. The agency does not always need to decide on licensing issues. Settlement is a desirable substitute for several reasons, including the following:

  • It expedites the procedure by avoiding the perhaps drawn-out and costly path of a full hearing.
  • Both sides save a great deal of time and money by doing this.
  • The settlement eliminates the ambiguity accompanying a judge's judgment by providing a known outcome.
  • Settling maintains the confidentiality of settlement talks, which can be essential to safeguarding private data.

Your case's circumstances will determine the specific terms of the settlement agreement. However,  some elements might include:

  • License action — You can agree to a specific penalty, like license suspension or limitations, or you can choose to withdraw your application.
  • Fines — The settlement agreement could include monetary penalties.
  • Compliance measures — The settlement could require you to execute certain measures in compliance with specific regulations.

Another option in license discipline situations is probation, which is frequently a less severe punishment than suspension or revocation. It operates through a system of stayed penalties and mandated tasks. A "stayed" penalty is imposed as an alternative to harsher penalties, specifically, suspension or revocation of your license. You will be subject to a suspension or revocation only if you violate the conditions of your probation. Depending on the offense, probation could include certain obligations like taking classes, volunteering in the community, or receiving treatment.

Your probationary period's success depends on meeting all requirements and avoiding additional infractions. If you succeed, the “stayed” penalty usually does not apply, and you keep your license unaffected. Nevertheless, the agency has the authority to "remove the stay" on the previously imposed punishment in case of any new infraction during the probationary period. In essence, by breaking the conditions of your probation, you will face the harsher punishment you were trying to avoid in the first place.

Can I Have My Revoked License Reinstated?

In California, the governing licensing board and your profession will define the formal procedure for recovering revoked professional licenses. In most cases, you must wait for a period before filing a petition for reinstatement. Generally, this period lasts between one and three years, depending on the offense's seriousness. The licensing body in charge of your profession sets the precise waiting period.

You must submit a petition to the appropriate board as soon as you qualify. In addition to providing proof of your rehabilitation efforts, this petition should describe the underlying offense that resulted in the revocation. Completing educational programs, receiving essential medical attention, and acquiring character references attesting to your moral character are examples of this evidence.

The process's core focus is on providing rehabilitation. You must persuade the licensing board that you have dealt with the fundamental problems that led to the revocation. This proof bolsters your argument to regain your professional license privileges and trust.

The licensing board could hold a hearing to review your petition. At this hearing, you can directly present your case, outlining your actions to begin your rehabilitation and demonstrating your eligibility for a license reinstatement.

You can file an appeal if a decision to deny your reinstatement petition is made.

Do I Need an Attorney for the Hearing?

Even though you are free to represent yourself, having an administrative law attorney on your side might greatly help your case.

Lawyers have several benefits. Their in-depth knowledge of the legislation governing license disciplinary hearings guarantees you will successfully navigate the intricate processes and adhere to all deadlines. They can assess the advantages and disadvantages of your case, guide the best course of action, and develop a strong defense.

Another advantage is that attorneys can negotiate with the licensing body on your behalf. They could secure a more favorable outcome, like probation or lower penalties, rather than harsher consequences.

Equally, you should have an attorney during the hearing. They are competent in presenting evidence, cross-examining witnesses, and arguing your case before the administrative law judge. They can use prior legal decisions to bolster your arguments and make a stronger case because they know pertinent case law. A lawyer can also handle the case's legal matters, which will help to reduce the stress brought on by the hearing's potential consequences and complexity. This frees you up to concentrate on your recovery or other pressing issues.

What is the Cost of Hiring an Attorney?

Attorney fees vary depending on several factors. Some include:

  • Experience — Lawyers with a great deal of knowledge in administrative law and your particular field will usually charge more. Experience comes with qualifications like a four-year college degree and three years of law school. The attorney must also pass the bar exam.
  • Location — The cost of an attorney varies considerably based on where you live, with major cities charging more than rural locations.
  • Case complexity — Low-complexity cases with few witnesses or legal concerns cost less than high-complexity cases needing much of an attorney's time and resources.
  • Hearing length — The estimated length of the hearing also affects expenses because longer hearings require more time and preparation from the attorneys, which raises their fees.
  • Fee schedule — Lawyers could charge by the hour, offer flat rates, or insist on retainer contracts.

Attorney fees for license discipline hearings range from $5,000 to over $20,000 for complex situations, while an exact figure is difficult to determine.

Speak with prospective lawyers to better understand the costs of particular cases. Many provide free consultations. These consultations allow you to discuss your case and understand how much they will charge.

Here are some more pointers for handling the money side of legal representation:

  • Compare prices — Before deciding, get quotations from many lawyers to compare expenses.
  • Payment plans — Speak with lawyers about possible payment plans. Some provide them to make legal counsel more accessible.
  • Budget transparency — Be forthright with the lawyer regarding your budgetary limitations. They could modify their strategy or suggest different options that fit your budget.

What Payment Options Do Attorneys Accept?

Depending on the terms of the original agreement, there are a few different ways to pay attorneys' fees following representation in a license hearing:

Hourly Billing

This popular method charges you for all your time on your case, including attendance, document review, hearing preparation, and meetings. Based on the attorney's predetermined hourly rate, you will receive an invoice outlining the time spent and associated expenses.

Flat Rate

Depending on the circumstances, lawyers could agree to a flat rate that will pay for all of the work involved in your case, no matter how long it takes. Since you will know the entire cost upfront, this provides budget predictability. However, ensure the services are well-defined because complex scenarios require extra charges due to unanticipated events.

Retainer Agreement

A retainer agreement is a hybrid strategy that calls for an upfront retainer payment to reserve the lawyer's time and services for your case. The lawyer will take the hours worked out of the retainer. If further counsel is required, you must top up the fee. Retainer agreements could help control expenses when cases have erratic timelines.

Although it is a good idea to double-check the details of payment methods with the lawyer of your choice, most attorneys provide a range of convenient options. These include:

  • Standard methods — Major credit cards (Visa, American Express, Mastercard, Discover) and debit cards are frequently accepted by attorneys.
  • Conventional methods — Electronic payments are frequently favored for expediency and record-keeping, while some attorneys could still accept cash and checks.

Directly talk to your attorney about their preferred payment methods. Most lawyers provide free consultations, during which you can discuss your case and ask questions about costs and payment plans.

After hiring your attorney, he/she will give you an engagement letter explaining the range of services, costs, and expected payment. This official document answers any inquiries regarding payment schedules and procedures. Most attorneys generally accept cash, checks, debit cards, and credit cards as payment methods, though the exact alternatives accepted could differ slightly.

Find a Professional License Defense Attorney Near Me

Knowledge about the specifics of professional licensure will enable you to pursue your career confidently. Thanks to this FAQ, you now have the fundamental information to address common questions.

You should speak with an experienced administrative law specialist lawyer to safeguard your rights if your professional license is in jeopardy. Their background and expertise in license defense can significantly impact your case. Schedule a consultation with The Legal Guardian to discuss your circumstances and learn more about your legal choices if you are in the Long Beach area. Keep in mind that protecting your career future requires prompt action. Contact us at 866-448-6811.