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A professional license takes a lot of hard work, many hours, commitment, and perseverance to obtain. But it only takes one mistake to lose your license or to close the door to the possibility of obtaining one.
At Proper Defense, we recognize how important your career or future plans for your career are to you. That is why we have committed the time to learn about the numerous licensing boards in California so that we can better assist you through this difficult process. Having a lawyer that understands the criminal courtroom and the procedures of the boards will equip you with the ultimate defense to protect your career.
While a licensing board cannot discriminate against applicants, they can take into consideration an applicant’s criminal record. If an applicant has a criminal record it makes it more difficult to obtain a license. The board looks to whether the conviction is a crime substantially related to the qualifications, functions, and duties applicable to the particular license. If the board denies your application they will provide you with a Statement of Issues laying out the basis of the denial. You may then file a Notice of Defense to fight the decision.
If you are already licensed the board may initiate disciplinary actions for convictions, gross negligence, and incompetence. Licensing boards bring disciplinary actions pursuant to Business and Professions code section 2750. You will receive an Accusation, a formal charge by the board notifying you and the public that a disciplinary action is pending against you and what the basis of it is. You must respond to the accusation with a Notice of Defense or a default decision will be entered against you.
At Proper Defense, we work to resolve these issues through a stipulation with the attorney on behalf of the licensing board. If a resolution cannot be reached, then you have the right to have an administrative hearing at which time a judge will be presented all of the evidence. Sometime after the hearing, the judge will issue a proposed decision that the licensing board may or may not adopt.
Your job is to present to the board why the incident occurred and what you have done and what you will do to ensure that nothing like that happens again.
At Proper Defense, we have handled these issues for many clients with success. We have helped licensees to get their life on track, address the issues and focus on rehabilitation. Then we present the rehabilitative plan to the board and stipulate to terms of probation. Our goal is to help you to pursue your dreams and to give back to society through your chosen career.
