How To Appeal a Suspended or Revoked Professional License in California
In California, like many other states, professionals from various fields must obtain a license to practice legally. Each profession is monitored by a licensing board or authority that creates and upholds regulations regarding professional competency, ethical standards, continuing education, and conduct. If a licensed professional is alleged to have breached the regulations established by their licensing board, the board may initiate formal proceedings by filing an accusation of misconduct. Penalties can vary from a temporary license suspension to permanent revocation, depending on the gravity of the misconduct and any prior violations. These licensing actions culminate in an administrative hearing before an administrative law judge. The experienced attorneys at Gould, Hahn, & Reinhardt are experts in defending professional licensees in such proceedings, but what options exist if you have already attended your administrative hearing and your license was suspended or revoked?
Grounds for Filing an Appeal After Losing Your License
If your professional license has been revoked or suspended, you may have the option to appeal the licensing agency’s decision to the Superior Court by way of a Writ proceeding. Below are several examples of potential grounds for such an action:
Procedural Errors
One potential argument is that the licensing board failed to follow its established procedures during the investigation and hearing process. This could involve issues such as not adequately notifying you of the complaint, failing to ensure your right to present evidence, or not adhering to the rules of evidence for these types of proceedings. Any procedural shortcomings might jeopardize the fairness of the hearing and create bias against you, which could warrant an appeal.
Lack of Substantial Evidence
The licensing board must provide substantial and compelling evidence to support its decision to suspend or revoke a license. If you believe that the board’s rationale was not backed by sufficient factual evidence or if the evidence presented did not substantiate the allegations against you, you can contest the decision on these grounds.
Clearly Erroneous Decision
If the licensing board’s decision starkly contrasts the evidence provided during the administrative hearing, you may claim that their ruling was clearly erroneous. This could involve pointing out specific instances where the board misinterpreted the evidence, overlooked important facts, or reached conclusions no reasonable person could draw from the information presented. The ability to clearly delineate these errors can significantly strengthen an appeal.
Arbitrary or Capricious Ruling
This ground focuses on whether the decision-making process of the licensing board was reasonable or influenced by irrelevant factors. Under this argument, you can assert that the board’s decision was based more on personal biases, external pressures, or unverified opinions rather than a fair consideration of the facts and evidence presented in your case.
How Do You Start the Appeal Process?
An administrative writ of mandamus, commonly called a writ of mandate, serves as an essential legal tool for a licensee to contest an adverse ruling made by an administrative agency. This writ functions under the regulations specified in the California Code of Civil Procedure, particularly Sections 1094.5 and 1085.
When a writ of mandate is submitted, it triggers a procedure in which the Superior Court evaluates the agency’s decision to assess if it met statutory standards, followed due process, and was grounded in substantial evidence. Such proceedings are challenging, but offer the licensee an opportunity to advance their case beyond the administrative hearing process to the Superior Court. The court’s responsibility is to confirm that the agency acted within its legal boundaries and that its decision was not arbitrary or capricious. However, given the complexity of filing a writ of mandate and the potential challenges involved, consider seeking assistance from an attorney with experience handling these types of cases. These legal professionals can provide crucial support in understanding the legal intricacies, preparing essential documentation, and effectively arguing the case in court.
Contact Gould, Hahn, & Reinhardt Today
To learn more about appealing a suspended or revoked professional license in California, contact Gould, Hahn, & Reinhardt today and discuss your questions with our experienced legal team.