The Bay Area attorneys at Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law handle professional license defense cases. The area of the law dealing with professional license defense can be complex and often confusing.
In order to protect the general public from harm, the State of California has instituted many rules and regulations that govern the conduct of various professions and professionals. These rules and standards are enforced though a complex professional licensing system. The state system also includes standards for professional license discipline. While the state regulates a vast number of professions, there are some common threads when it comes to regulation, defense and punishment.
Of course someone seeking to practice a regulated profession, such as a doctor, nurse, dentist must obtain a license from the state agency that polices that specific profession. This licensing agency may attempt to deny a license or seek to discipline for current license holders if it believes their conduct does not meet the standards set in that particular profession. Such a denial or discipline is usually done through a hearing that is articulated in the Administrative Procedure Act (Gov Code 11340-11529). A professional licensing attorney can help a professional license holder who is subject to discipline prepare and win such licensing hearing. A professional license should only be revoked or suspended if the professional license holder’s misconduct can be seen as substantially related to a licensee’s fitness to practice the profession. A professional license defense attorney may appear before. The Office of Administrative Hearings which will provide an Administrative Law Judge to listen and evaluate disputes over a professional license holder’s fitness to maintain the license. The Administrative Law Judge may provide a decision about the merits of the dispute regarding the professional license. The specific agency that is a party to the dispute may then adopt or reject the finding. The agency’s decision regarding the Administrative Law Judge’s ruling can then be appealed to a California State Superior Court.
Misconduct allegations affecting a professional license can and do often stem from separate criminal charges unrelated to the profession itself. A professional license defense attorney who also handles criminal defense cases is particularly well equipped to protect the rights of the accused.
The stated purpose of rules governing professional licenses is to protect the public. The State of California has passed several statutes aiming to serve this purpose in the area. A secondary purpose of these rules is to protect punish misconduct of a license holder. Preparing a defense for a professional license administrative hearing is not a simple task. An experienced professional license defense lawyer has to show why the accused professional is not a threat or danger to the public in continuing to hold and maintain the license. It is never recommended that a professional in danger of losing his or her license to work represent him or herself. Hiring a professional license defense attorney is the first and most important step in trying to maintain or obtain reinstatement of a professional license. Unfortunately, courts tend to construe license discipline law broadly and in favor of the involved government agencies in order to effectuate their public protection purpose.
An experienced Bay Area professional license defense attorney that also has experience in defending criminal cases can greatly help a professional license holder that is being subjected to discipline or has been disciplined. The attorneys at Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law may be able to defeat an agency’s case against a professional license holder by pointing out that the regulations or rules were not sufficiently clear as to give a fair warning of the conduct prohibited or that there is not a clear standard regarding the conduct in question for a court to say that the conduct fell below a standard that is used to ensure public protection.
Let the law firm of Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law defend your right to engage in a profession. The freedom to engage in a profession of your choice is one of the fundamental liberties protected by the due process and equal protection clause of the Fourteenth Amendment of the United States Constitution. The Bay Area attorneys at Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law realize that once a professional obtains a license through his or her hard work and dedication, the professional has a vested interest and right to maintain that license. The San Francisco Bay Area professional license defense law firm of Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law and its professional license defense lawyers will are able to defense licensing matters in the following professions:
- Repair Dealer
- Smog Check Operator
- Court Reporter
- Dental Assistant
- Dental Hygienist
- Funeral Worker
- Physician Assistant
- Pharmacy Technician
- Registered Nurse
- Respiratory Care Practitioner
- Social Work
- Social Worker
- Clinical Counselor
- Educational Psychologist
- Family Therapist
- Speech Pathologist
- Occupational Therapist
- Occupational Therapist Assistant
- Veterinary Doctor
The professional license defense attorneys at Alin Cintean, Attorney at Law and Richard Dudek, Attorney at Law fight to maintain your right to engage in the profession you worked so hard towards. If you are facing professional licensing accusations, you have the right to a hearing. Call us today to speak with one of our Bay Area defense attorneys.