Category: faq
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Can A Licensing Case Be Settled?
Some license denials or formal punishments result in a stipulated settlement that can inform a plea bargain. The licensing agency will drop severe disciplinary action or outright denial of a license in a stipulated settlement. This can help achieve a faster resolution of the case. The license applicant is also allowed to waive their right…
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Do I Have To Testify During My Hearing?
Like in most criminal cases, a person denied a license or a licensee has a right to testify during the hearing, unless the Fifth Amendment rights are invoked. The licensing agency attorney will call you to serve as a witness if you fail to voluntarily testify on your own behalf. You should have a skilled…
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Can I Request Reconsideration?
The license applicant can request the agency to look into its ruling before the ruling becomes final. Reconsideration is often a chance to review the weakness in the administrative ruling. This allows new evidence and legal arguments to draw the licensing agency’s attention. It also gives an opportunity for objections before the administrative case ends.…
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Can I Appeal An Adverse Ruling?
Most appeals of administrative rulings are made in the Superior Court. Also known as an appeal for writ of administrative mandamus, this process is extremely complicated. The Superior Court will demand written legal arguments and preparation of the administrative hearing record. The court will set a hearing after the written argument process. In most cases,…
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Can I Get My Revoked License Reinstated?
There are provisions for license reinstatement. You can restore your revoked license upon showing rehabilitation. A defendant is required to wait for a period that does not exceed three years to file a petition for reinstatement. You will not have to requalify for the license. You only need to attend an administrative hearing or appear…
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How Much Do Attorneys Charge for Their Services?
You will receive a flat fee or an hourly fee when you consult the San Francisco Licensing Attorney. We accept many forms of payment. This includes checks, cash, debit cards, and credit cards. We can bill your insurance company directly for your legal fees if you have license defense coverage on your errors and omissions…
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Do All Attorneys Represent Defendants At An Administrative Hearing?
Most attorneys have licenses, but only a few have the competency to handle professional licensing administrative cases. An attorney must frequently attend the administrative hearings to be competent to handle licensing administrative cases. He/she must also have handled several professional licensing issues. Professional licensing administrative cases can take many years from the initial incident to…
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What Constitutes An Administrative Hearing?
A formal administrative hearing is more of a trial. It is presided over by a judge, a court reporter, and attorneys who present the cases. A highly trained attorney represents the state agency. He/she will handle licensing issues professionally throughout the whole process. The environment is usually less formal than the superior court because a…
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How Does License Discipline Work In California?
Most license discipline issues in California are determined through a formal hearing process according to the Administrative Procedure Act (APA). This law provides for basic due process through a hearing and written notices. This often happens if demanded by the person denied a license or the licensee before an administrative law judge. It usually takes…
