Administrative Law Lawyer in Sacramento

If you have a professional 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, or the State Department of Education.) If you violate agency rules, your license may be at risk of probation, suspension or revocation.

Licensing Agencies

Most technical professions require a license from a licensing agency. Individuals without this license cannot practice their profession. 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.

Professional Licenses

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 fundamentally 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

What to Do to Protect Your License

Speak to an administrative law 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. Contact an administrative law lawyer in Sacramento to find out more.

We offer a free phone consultation and accept major credit cards.