Santa Cruz
Professional License
Defense Attorneys

An administrative complaint is usually the first step towards the most direct threat to your license. Almost anyone can initiate this formal grievance, including an unhappy customer, a disgruntled employee, a business rival, or even a concerned citizen. The causes of a complaint are numerous and may include allegations of ethical breaches, unprofessional behavior, negligence, or violation of industry standards. After a complaint has been filed with the relevant California licensing board, the agency is responsible for reviewing it. In the event of a possible violation identified during the initial review, a formal investigation of your practice will be initiated.

The stage of investigation is a critical point at which your course of action and reaction can significantly impact the result. The investigators can reach out to you, your colleagues, and your clients and obtain evidence. You may be asked to provide documents or participate in an interview. It is at this stage that most professionals unwillingly destroy their cases by talking without a lawyer or even being unaware of the entire investigation. 

The objective of the inquiry is to establish whether the board should proceed with a formal accusation or not. A seasoned license attorney can intervene at this initial level, handle communication with the board, and attempt to resolve the issue before it escalates, thereby preventing the need for a formal accusation.

One of the most critical and misconceived dangers to your professional license is the criminal justice system. A criminal case in California may seriously affect your employment status, even though the alleged act occurred during your off-duty period and appears to have nothing to do with your career. Arrests and convictions are reported to the licensing boards, and many of them require you to report such incidents within a limited period. A driving under the influence (DUI), domestic violence, theft, or fraud charge can cause your licensing board to initiate a disciplinary investigation as to whether a particular action is substantially related to the qualifications, functions, or duties of your profession.

Your situation is much more serious, being a licensed professional, since you are subject to punishment in two different legal systems. In addition to any criminal sanctions, such as fines or imprisonment, there is an independent administrative procedure that may lead to the suspension or revocation of your license. Importantly, you do not have to be convicted of a crime to be subjected to professional disciplinary action. 

The burden of proof is less than in a criminal trial; thus, the board can have reasons to impose discipline even in the event of a reduction or dismissal of your criminal charges. The fact that there is an excellent line between your personal action and the professional ramifications is what makes it crucial to seek the services of a legal counsel who is knowledgeable in both criminal and administrative law to secure both your liberty and your career at the same time.

The scope of behavior that may result in disciplinary measures is extensive, and our lawyers are also proficient in defending against any type of complaint. Such accusations usually include the assertion of unprofessionalism, which may cover a broad spectrum of practices that the board considers to be a breach of the ethical code of your profession. You can also be accused of incompetence or gross negligence, in which it is believed that you did not carry out your duties in line with the agreed standard of care, and this could result in harm to a client or a patient. Another severe issue is fraud, which may involve insurance fraud, fraudulent billing, or misrepresentation to clients or on official documents.

Moreover, there is often substance abuse, since alcohol or drug addiction may be perceived as a threat to the community and a breach of ethics. Even an unintentional mistake in documentation may result in investigation and punishment if it is perceived as an attempt to mislead or conceal the error. A significant cause of board actions is the discussion of criminal convictions and arrests. 

Other typical problems are patient or client abuse accusations, practicing beyond the boundaries of your license by performing some services that you do not have the authorization to perform, breaking privacy laws such as HIPAA, a lack of proper supervision of your assistants, or being unable to practice safely because of some physical or mental health conditions. We also protect those professionals who are accused of running a business without the appropriate licensure.