Administrative Law Topics: Accusation / Statement of Issues

Responding to an Accusation or Statement of Issues

CA Physician Fails P.A.C.E.-- Medical Board Grants Retest

A California physician was on probation with a requirement to undergo and pass the Physician Assessment and Clinical Education (P.A.C.E.) program at the University of California, San Diego. The P.A.C.E. evaluation was conducted in two parts. It included an oral clinical evaluation and a hands-on practice simulation, in addition to physical and psychological testing. The physician was subsequently informed of failure of the clinical portion of the examination.  An order to cease practice followed.  The Medical Board then filed an Accusation and Petition to Revoke Probation.

Hospice Nurse Wins Dismissal of Accusation Alleging Diversion of Narcotics

The RN was vindicated on charges of diverting narcotics by an Administrative Law Judge (ALJ) who dismissed the Accusation after a three-day administrative hearing.

Ob-Gyn Cleared of Negligence: Medical Board Accusation Withdrawn

Our client was an Ob-Gyn accused in a California Medical Board accusation of negligently failing to ensure that a patient with symptoms of possible breast cancer sought an evaluation from a specialist.

Physician Negligence: The Medical Board of California--Law & Policy

Physician Negligence: The Medical Board of California--Law & Policy

Finding a California license law attorney on the Internet--A Quick Tip

California license law attorney or lawyer is a common search phrase. The proper area of law, however, is administrative law. Professional license defense, or license law, is one area of administrative law. Searching for a California administrative law attorney may help you find the right “license law” attorney.

State Athletic Commission Revokes California Professional Boxing License

In October of 2010, the California Court of Appeal upheld the revocation of a professional boxer's license based on the action of his trainer.  Before a match, Athletic Commission inspectors discovered that the boxer's hands were wrapped with gauze wetted with a plaster-like substance. 

In legal proceedings, the boxer admitted the hand wraps were illegal, but he claimed no knowledge and blamed the trainer who wrapped his hands.  The trainer and boxer had worked together for 11 years.

Department of Insurance Settlement After Discipline by SEC

A California insurance broker with a life agent license faced an Accusation alleging that he was barred from the securities industry for several years for violating securities laws.  The Accusation also alleged that our client had been sued by other states for permitting unlicensed securities activity.  Our client agreed to settle the case by paying a substantial monetary penalty.

There were two key factors in reaching a settlement:

1) Countering unproven allegations in federal and state legal documents as well as wild press accounts with the facts.

Department of Social Services Settlement After Day Care Mistake

The Department of Social Services (DSS) used a temporary suspension order to suspend the license of a licensed California family day care after a staff mistake caused a risk of harm to a child in care.  The child was not harmed and returned to care after the incident.  Families and members of the community continued to support the day care provider after the incident.

California Board of Registered Nursing Dismisses Accusation Against R.N.

The California Board of Registered Nursing filed an Accusation against a registered nurse (R.N.) seeking discipline based on revocation in another state.  In fact, our client’s license had been reinstated in the other state.  We presented documents explaining the nature of the out-of-state revocation and reinstatement, and the Board of Registered Nursing dismissed the Accusation.

There were three key factors to the defense of the case:

California Board of Chiropractic Examiners Dismisses Accusation Against Chiropractor

The Board of Chiropractic Examiners filed an Accusation and Petition to Revoke Probation against our client alleging unauthorized treatment of a minor based on a complaint by the parents. We presented evidence that one of the parents was employed by a competitor as well as affidavits of witnesses who observed the chiropractor act as a good Samaritan to aid an injured student athlete at the request of a coach. Five months after the Accusation was filed, the Board of Chiropractic Examiners dismissed the Accusation.

There were three key factors to the defense of the case: