Administrative Law and Professional Licensing
Disciplinary Practice in Sacramento
If you have a license, then you may already be familiar with Administrative Law. California has over 370 agencies. The rules that govern your license are written by an agency such as the State Insurance Board, the State Contractor's Board, the Real Estate Board, State Department of Education, etc., or maybe it is simply your business license. If you violate Agency rules your license may be at risk of probation, suspension or revocation. Most technical professions require a license from a licensing agency and without that license cannot practice their profession. A professional license is a valuable asset. You cannot legally practice your profession without it.
Licensing agencies are part of the executive branch of the state government and derive their power from the statutory provisions that govern them. These Agencies are authorized to make regulations within the bounds of the authorizing statute.
The right to engage in a profession is a fundamental liberty protected by the Due Process and Equal Protection clauses of the United States Constitution. Once an individual obtains a license, the right to continue practicing the profession is considered a fundamental vested right. Accordingly, a license may only be revoked for reasons related to the licensee's fitness or competence to practice his or her profession.
Most professionals are experts in their profession, but are not experienced when it comes to working with bureaucratic agencies. California Agencies usually rely on the California Office of Administrative Appeals to handle the adjudicative procedures while contracting with the Attorney General or having their own special counsel to prosecute licensure cases. Each profession's licensing agency generally relies on their own set of rules and codes for their professions.
Potential Disciplinary Actions Against a License
- Action to Revoke or Suspend a License
- Action to Deny License
- Citation
- Interim Suspension Order ("ISO")
- Petition to Compel Medical or Psychological Examination
- Petition to Revoke Probation
Potential Actions by a Licensee
- Petition for Reinstatement
- Petition for Reduction of Penalty
- Petition for Reconsideration
Common Licenses Subject to Disciplinary Action by Agencies
| Physician |
Chiropractor |
Engineer |
Security |
| Osteopath |
Pharmacy |
Geologist |
Barbering |
| Podiatrist |
Contractor |
Geophysicist |
Electronic & Appliance Repair |
| Physician Assistants |
Pest Control Operator |
Land Surveyor |
Cemetery & Funeral |
| Psychologists |
Accountant |
Automotive Repair |
Court Recorder |
| Dentistry |
Architect |
Smog Check Stations |
Private Investigator |
You should contact an attorney when you first receive an inquiry from the agency or notice that a complaint has been filed. You must realize that any and all communication with agency representatives is on the record and may ultimately impact their decision about your case. Further, unlike civil litigation, these agencies set their license hearings quickly and getting the date changed is often extremely difficult. There is limited discovery of evidence and cases move quickly.
We will work with you through the investigative process, interview, initial determination, appeals and litigation if necessary.
We offer free 30-minute initial consultations. We accept major credit cards as well.
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