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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.

Grounds for License Denial, Discipline for Cannabis Licenses with Department of Food and Agriculture

The California Department of Food and Agriculture (CDFA) is one of three agencies that will be overseeing California's regulation of medical marijuana and cannabis. CDFA's responsibility is to create the "Medical Cannabis Cultivation Program" (Program) for implementing the commercial medical cultivation regulations and develop and manage a cannabis track-and-trace system. To do so, it has put […]

May 19, 2017

What Can You Do About New Cannabis Regulations?

The Bureau of Medical Cannabis Regulation (BMC), Department of Public Health (CDPH), Department of Food and Agriculture (CDFA) are all creating new regulations to clarify and define existing law regarding the use of cannabis and medical cannabis in the state of California. For your information, oversight of cannabis has been split between each of the three […]

May 16, 2017

Bureau of Medical Cannabis Regulation’s (BMC) Grounds for License Denial or Discipline

This blog is to discuss the grounds for license denial or discipline under the new Bureau of Medical Cannabis (“BMC”) draft regulations enacted pursuant to the Medical Cannabis Regulation and Safety Act (MCRSA). Purpose of Regulations Under MCRSA, the BMC (http://bmcr.ca.gov/) was created to license and regulate dispensaries, distributors, transporters, and testing laboratories. Medical Cannabis […]

Commenting on Proposed Rulemaking

Laws are enacted by the Legislature and are called “statutes.” However, the statutes enacted are often are not comprehensive; they do not specify exactly how the stated goals of the legislation are to be achieved, implemented, enforced, penalized, etc. Moreover, the Legislature often enacts statutes that allow or require a state agency in the Executive Branch […]

May 4, 2017

Teleworking as a Reasonable Accommodation

Teleworking can be a reasonable accommodation for an injury or disability. However, it is not mandated. And just because it is the preferred solution for the employee, does not obligate the employer to provide it. Nevertheless, if it is the ONLY solution that will permit you to come back and complete your work as a […]

April 24, 2017

Assembly Bill 1510 Proposes Licensing of Athletic Trainers

The state Assembly for California is presently considering a measure to license athletic trainers. Assembly Bill 1510, introduced by Assemblyperson, Matthew Dababneh, would enact the Athletic Training Practice Act ("Act"). It would provide for the licensure and regulation of athletic trainers. Portions of the Act specifies the requirements for licensure, including education, examination, and the payment of […]

April 21, 2017

Two Successfully Resolved Vet Board Matters

Within the last month, the Veterinary Medical Board (“Board”) elected to close two investigations into veterinarians Simas & Associates, Ltd. represented. In both cases the Board closed the investigation without so much as a letter of education, which is typically the least invasive form of discipline. In these two cases however, the Board simply closed their […]

Why am I being Investigated? Use 800(c) Inquiry to Find Out

Occasionally, licensees being investigated for potential violations of their respective practice acts are given advanced notice of the investigation by the licensing authority. When providing this notice, the investigating licensee agency may or may not be transparent regarding the nature of the investigation. Specifically, some licensing agencies are quite opaque; the notice will omit the […]

April 10, 2017

Wine Importer Options

The notion of establishing a wine import business has no doubt crossed the minds of many. Even a California connoisseur, who has enjoyed the robust, delicate, and unique varietals from the world famous wine growing regions of Amador, Carneros, Paso Robles, Napa, Santa Barbara, Sonoma, and Temecula, could easily have travelled to France, Spain, Italy, […]

April 4, 2017

Tip Pooling Limited to Chain of Service

If the plates on which the food is served are not clean, the food received is not hot, or is not as ordered, the patron may be inclined to leave a smaller tip even when the services of the servers and bussers were satisfactory. Likewise, when the meal is delicious, the presentation on the plates […]

March 31, 2017

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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