fbpx
Uncategorized

Challenging Agency Regulations through Defects in the Rule-making Process

California law requires administrative agencies to comply with the California Administrative Procedure Act (“APA”) (Government Code §§ 11340, et seq.) when adopting regulations.  A regulation that does not go through this process is called an “underground regulation” and is subject to legal challenge in the courts.  Further, a regulation that makes it through this process, but results from some deficiency in the process may also be invalid and subject to challenge in court. (more…)

By Steven L. Simas, ago
Uncategorized

California Veterinary Premises Licensees – Ready to be Wholly Responsible?

The California Veterinary Medical Board is in the process of adopting a new regulation to “establish minimum standards” for a managing licensee of a veterinary hospital premise. Currently the Board’s regulations require the managing veterinarian to be responsible for the premises complying with minimum standards of veterinary practice. They do Read more…

By Steven L. Simas, ago
Uncategorized

Crime Substantially Related to the Profession

Professional licensing board’s have the right to discipline (e.g. statement of reproval, fine, compel attendance at mandatory education courses, compel restitution, suspension, probation, revocation, etc.) licensees for any violation of their rules and regulations. The rules and regulations for the profession are typically found within the California Business & Professions Read more…

By Steven L. Simas, ago
Uncategorized

Gov. Brown Signs Bill Increasing Penalties for Improper Designation of California Workers as Independent Contractors

On October 9, 2011, Governor Jerry Brown signed SB 459 which adds section 226.8 to the Labor Code and provides courts, the Labor Commission and Workforce Development Agency (“state”) the authority to issue severe penalties to employers that engage in “willful misclassification” of an individual as an independent contractor. These Read more…

By Steven L. Simas, ago