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What To Expect at a California Administrative License Hearing

When a professional license is at risk in California, the stakes are exceptionally high. Whether you are a physician, contractor, nurse, real estate agent, or hold another professional or occupational license, facing an administrative hearing can be overwhelming. Understanding the hearing process is crucial for preparing a strong defense and safeguarding your career and reputation.

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What Is an Administrative License Hearing?

An administrative license hearing is a formal legal proceeding that is used to determine whether a professional license should be suspended, revoked, or subjected to other disciplinary action. These hearings are typically the result of a complaint, investigation, or criminal conviction that raises concerns about a licensee’s fitness to practice.

In California, administrative hearings are governed by the Administrative Procedure Act and are generally held before an Administrative Law Judge (ALJ) from the Office of Administrative Hearings (OAH). Although administrative hearings resemble court trials, they differ in important ways, particularly regarding procedure and evidentiary standards.

Notice of Defense: The Critical First Step

Upon receiving an Accusation or formal notice from the licensing agency, the licensee must respond by filing a Notice of Defense. This document preserves the right to contest the allegations and request a hearing. In California, the Notice of Defense must typically be filed within 15 days of service of the Accusation. Failure to respond in a timely manner could result in a default judgment and the loss of your license.

It is advisable to seek experienced legal counsel immediately upon receiving notice of an administrative action. Early representation can significantly affect the outcome of the case.

How the Hearing Process Works

Administrative hearings in California proceed similarly to civil trials but with some key distinctions:

  • No Jury: An Administrative Law Judge presides over the hearing and makes factual findings and a proposed decision.
  • Presentation of Evidence: Both the licensing agency and the licensee may present evidence, call witnesses, and cross-examine opposing witnesses.
  • Evidentiary Standards: While formal rules of evidence apply, the proceedings are more flexible than in civil or criminal court. Certain types of hearsay evidence may be admitted.
  • Burden of Proof: The licensing agency bears the burden of proving the allegations, typically under a preponderance of the evidence standard, meaning that the evidence shows it is more likely than not that the alleged misconduct occurred.

The licensee’s attorney can challenge the agency’s evidence, present favorable evidence, cross-examine witnesses, and advocate for a favorable outcome.

Possible Outcomes

Following the hearing, the Administrative Law Judge will issue a proposed decision based on the evidence and arguments presented. This decision is forwarded to the licensing board, which may:

  • Adopt the decision as proposed
  • Modify the decision
  • Reject the decision and issue its own ruling
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The potential disciplinary actions include:

  • Dismissal of all charges
  • Private or public reprimand
  • Probation with conditions such as continuing education or practice monitoring
  • Suspension of the license
  • Revocation of the license

If the final decision is unfavorable, the licensee may seek judicial review by filing a petition for a writ of administrative mandate in the California Superior Court.

Protect Your Professional Future, Contact Us Today

An administrative license hearing represents a pivotal moment in a professional’s career. It is essential to approach the process with a clear strategy, experienced legal counsel, and thorough preparation.

At Gould, Hahn, & Reinhardt, we are committed to helping licensed professionals protect their hard-earned credentials. If you have received notice of an administrative action or are facing a licensing board hearing, contact Gould, Hahn, & Reinhardt today to schedule a confidential consultation. Our experienced administrative law attorneys are ready to answer your questions, advocate on your behalf, and safeguard your future.