Administrative Hearings Lawyer
Contact Kern Law, APC, today: 619 200-2808
At Kern Law, APC, we have defended clients’ rights in administrative hearings for over 20 years. If a complaint is filed against you to a California licensing board, for example, the Nursing Board, Contractors State License Board, or Medical Board, the investigating agency may issue an Accusation, or Statement of Issues. If that happens, the responding party will typically have 15 days from service to file a Notice of Defense. If that does not occur, a default decision may result. Additionally, failure to respond in a timely manner may result in automatic disciplinary action.
BEFORE THE HEARING:
Pre-hearing preparation is critical to a successful defense of your license.
- A request for all documents, investigation reports, complaints, expert evaluations, and other relevant materials is the initial step in preparing a successful defense.
- Prior to the hearing, motions may need to be filed to exclude evidence.
- Witnesses may need to be Subpoenaed and/or declarations may need to be submitted.
- At times, experts may be required to review medical records, or forensic materials.
- The licensing board may have settlement conferences or pre-hearing conferences with the administrative law judge to resolve the case or narrow the issues before the hearing.
DAY OF HEARING:
The hearing is structured like a trial with opening statements, presentation of the licensing board’s case, presentation of your case, sometimes a rebuttal by the board, closing arguments, and a decision by the Administrative Law Judge.
POTENTIAL DEFENSES:
- Lack of Evidence: An argument that the evidence relied on at hearing is not reliable, hearsay, not corroborated, or does not violate the statute or regulation.
- Procedural and/or notice defects: An argument regarding vagueness/ambiguity with respect to the Accusation or Notice of hearing; or have due process rights been violated – lack of notice, evidence not made available before the hearing, etc.
- Mitigation: Evidence of rehabilitation, voluntary reporting, continuing education, or other corrective steps have been taken proactively so the issues that were the basis of the hearing are no longer as relevant.
- Misinterpretation of the Law: The regulatory agency has misinterpreted the law or the conduct alleged does not fall within the scope or jurisdiction of the law.
If you need help defending your license against a California Licensing Board, contact Kern Law, APC, today. We provide free consultations.