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Wit of Mandate

Welcome to the Official Blog of Simas & Associates, Ltd. Below, please find recent postings from our firm in regards to items of interest concerning our law firm, our cities, state, and nation, and our legal practice areas and service. We try to update frequenty, so check back often.

Smog Check Shops Alert – Pay a Citation and Lose Your STAR Certification

STAR Certification On January 1, 2013, the Bureau of Automotive Repair (“BAR”) replaced its former “Gold Shield” program with STAR certification.  The STAR program is the Bureau’s certification program that applies to a Registered Automotive Repair Dealer that is also a licensed smog check test-and-repair station or a test-only station that meets specific requirements under […]

July 18, 2014

Physical Therapists’ Quandry – Working for a Layperson-Owned General Corporation

A question that the attorneys at Simas & Associates, Ltd. often get is whether it is legal for a physical therapist to be employed by a layperson-owned and fully legal general corporation.  It is what many clients find surpising with the law, but attorneys know all to well - legal "gray areas."   The law is not […]

July 11, 2014

Best Practices for Conducting Employment Terminations

Terminating or firing employees is a part of owning or operating a business.  It is unavoidable and inevitable.  Yet, it is still probably the single-most unpleasant aspect of being a business owner, supervisor, or  manager.   Of course, there are a number of approaches an owner, manager, or supervisor should take PRIOR to terminating an employee.  This blog […]

June 27, 2014

Savvy Social Policies: The Role of Social Media in High-powered Recruiting

The days of posting an ad in the local paper’s classified section to find potential employees are quickly becoming ancient history. As the landscape in HR and recruitment shudders and shifts, even sites like Craigslist, Monster and CareerBuilder are starting to lose potency. Many employers already use social media in their recruitment efforts to a […]

June 23, 2014

Prehearing Conferences before the Office of Administrative Hearings

In a formal Administrative Procedure Act ("APA") proceeding before an Administrative Law Judge ("ALJ") of the Office of Administrative Hearings ("OAH"), the ALJ is authorized on his or her own motion – or on a motion of either party – to conduct a Prehearing Conference. The Prehearing Conference, not to be confused with a Settlement Conference, […]

June 17, 2014

Should I Appeal? 8 Steps to Take for Evaluating a Potential Appeal

Before reviewing the steps one should take to evaluate an appeal of a lower adjudicator's decision, it is important to note that an appeal is almost never a re-trial. Meaning, rarely does an appeal provide you with an opportunity to retry the facts of the case. In actual, judicial branch, court proceedings, "rarely" becomes "never." […]

May 29, 2014

Bureau of Automotive Repair’s STAR Program

The California Bureau of Automotive Repair's “STAR” certification program began on January 1, 2013, replacing what was previously called the “Gold Shield” Program. STAR certification is the Bureau’s voluntary certification program that applies to a registered Automotive Repair Dealer that is also a licensed smog check test-and-repair station or a test-only station that meets specific […]

May 21, 2014

New Testing Requirements for RVT Applicants

All veterinary technician applicants are required to take the new California veterinary technician examination and the Veterinary Technician National Examination (“VTNE”). As an applicant, if you have taken the California veterinary technician examination and failed prior to March 1, 2014, you are required to take both the California and National examination and pass in order to become licensed. However, […]


Why are Internet Cafés Getting Shutdown?

Everyday, it appears that local, state, or even federal authorities are engaging in raids and shutting down Internet cafés. Why? Well, there is nothing inherently illegal about a normal Internet café. They are just locations that provide access to the Internet for a fee. They oftentimes sell coffee, soft drinks, and snacks – hence the moniker, […]

May 16, 2014

Top 5 Collateral Consequences of License Discipline

Most licensees when facing license discipline are concerned about the direct and immediate consequences. In particular, when a physician faces an accusation by the Medical Board of California, their primary concern is their continued ability to practice. And that is completely reasonable and understandable. However, the lure of certainty in the continued ability to practice […]

May 15, 2014



Wit of Mandate Disclaimer

Wit of Mandate - the official blog of Simas & Associates, Ltd., is made available by Simas & Associates, Ltd. to the general public for educational purposes only.  Specifically, the entries contained within Wit of Mandate are designed to provide the general public with general information concerning California and Federal law.  Wit of Mandate does not provide specific legal advice and does not create an attorney-client relationship between the reader and Simas & Associates, Ltd.  Wit of Mandate is not an effective or appropriate substitute for obtaining legal advice from a qualified attorney licensed in your state with experience in your practice area or forum of law.

Please note that the information on Wit of Mandate may be changed without notice and is not guaranteed to be complete, correct or up-to-date. While Wit of Mandate is revised on a regular basis, it may not reflect the most current legal developments.