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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.

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.” […]

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 […]

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, […]

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 […]

Realtor’s Reputation and License Restored!

In an admitted absent-minded mistake on the part of a California realtor, he was arrested for theft and trespassing on what was thought to be abandoned property. As a result, he was threatened with the loss of his realtor’s license and criminal charges. However, through emphasizing evidence of rehabilitation, mitigation, and character, Simas & Associates, […]

What is Curbstoning?

You have heard of flipping houses, right? And you have seen some done right and some done wrong on many national cable television programs. Sometimes, the disasters are shown as do-it-yourself nightmares. Well, what about flipping cars? Not so much. And, the do-it-yourself nightmare would more than likely reside with the recipient of an ill-repaired […]

Non-Adoption by the Licensing Agency

Imagine that you are a licensed professional accused of misconduct by your underlying licensing agency, who now wishes to revoke your license. You retain counsel, attempt to negotiate a stipulated settlement, but the agency’s attorney just will not budge. So, you go to an administrative hearing, kick-butt, put on convincing evidence of rehabilitation and mitigation, as well as strong […]

Disciplinary Guidelines of Licensing Agencies

California law requires all licensing agencies to issue Disciplinary Guidelines.  (Business and Professions Code, sections 481, 482.) These Disciplinary Guidelines are similar to Sentencing Guidelines in criminal law. They provide for the proposed terms of license discipline and the probation that the licensing agency deems appropriate for particular violations of the law. The specific codes […]

Handling a Rehabilitation Evidence-Heavy Licensing Hearing

A plurality of our law firm’s work comes in the form of defending professional licensees from licensing agency discipline. This entails the administrative hearing process, which typically leads to a hearing of varying length before the Office of Administrative Hearings. But only if a settlement cannot be negotiated and agreed to before the hearing. The vast majority of […]

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. 

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