The Administrative Procedure Act (APA) provides a procedure under which sworn affidavits or declarations under penalty of perjury may be used the same as live testimony in an adversarial professional licensing hearing. (Gov. Code, § 11514.) Please note that an “affidavit” is defined in the California Code of Civil Procedure, Read more
Congratulations to the new officers of the SCBA Administrative Law Section: Jon-Paul Valcarenghi, Chairperson Justin D. Hein, Vice Chairperson and MCLE Coordinator Adam Richards, Secretary and Treasurer They recently met with outgoing Vice-Chairperson, Heather Hoganson, to go over the history of section, its guiding principles, and for administrative purposes. We Read more
Recently, the U.S. Supreme Court upheld the Federal Trade Commission's antitrust action against the North Carolina State Dental Board. In a 6-3 decision, written by Justice Anthony Kennedy, the Court held that the North Carolina State Dental Board could not use the State Action Immunity Doctronie to shield it from Read more
When the Veterinary Medical Board comes knocking, you know you have to be prepared for a serious case. One client found this out when the board accused his veterinary practice of gross negligence. He reached out to Simas & Associates, Ltd., right away, and with great preparation and attention, we Read more
The Sacramento County Bar Association Administrative Law Section is having its officer election this week. It is being conducted electronically by the SCBA. The SCBA sent out email correspondence containing a link to the ballot. To confirm you are eligible to vote, you will need to disclose your State of Read more
According to the National Climatic Data Center, 2014 was the hottest calendar year on record since 1895 in California. Thus far in 2015, the Center has already recorded consistent and similar record-breaking temperatures over the last two months. As such, now is the time for employers to prepare for anticipated record heat Read more
The United States Drug Enforcement Administration (DEA) today issued a nationwide alert about the dangers of fentanyl and fentanyl analogues/compounds. Fentanyl is commonly laced in heroin, causing significant problems across the country, particularly as heroin abuse has increased. “Drug incidents and overdoses related to fentanyl are occurring at an alarming Read more
California law provides specific and strict requirements that must be complied with in order to properly notice a deposition in a case filed in a California Superior Court. A review of these requirements must be included in any litigation discovery plan, whether deposing or preparing for a deposition.. Notice of Read more
Employers have long been denied the opportunity to request a second opinion on an employee’s ability to work before returning from Family and Medical Leave Act (FMLA) leave. However, in California, an employer is permitted to request a fitness-for-duty examination and certification after the employee is permitted to return to work. So long as it Read more
All employers' mindsets in California should be that it must pay all of their employees overtime. Employees who work in excess of eight (8) hours per day or in excess of forty (40) hours per week are entitled to 1.5 times their normal hourly pay,(i.e. “time and a half”) for that additional time worked. (Labor Code Read more