Under the American Rule of attorney fees in civil litigation, every party—even the party prevailing—must pay its own attorney’s fees. Unless specific authority granted by statute or contract allows the awarding of accrued attorney fees against the other party, each party in a lawsuit is responsible for paying its own Read more…
(The below is content that will be published in an upcoming PT Interventions, the official newsletter of the California Physical Therapy Association) For years there has been much confusion about physical therapists working for and owning different types of corporations, and whether a physical therapist may form or work for Read more…
One question regularly confronted by employers is when a former employee requests copies of “their file.” Ostensibly, the employee is requesting a copy of their personnel file. However, the contents of a personnel file may not include all that which the former employee is seeking. Sometimes the employee is seeking Read more…
In mid-month June, the Sacramento Business Journal contacted Simas & Associates, Ltd. for assistance on a story it was writing regarding surprising things about California alcohol licensing laws. Simas & Associates, Ltd. is known as one of the leading professional licensing law firms in California and provides statewide alcoholic beverage Read more…
A person whose license has been revoked or suspended may petition for reinstatement or reduction of penalty under Gov. Code, § 11522, which applies to virtually all state agencies that license or register people or entities and take action against their licenses. It specifically governs petitions for reinstatement, except when Read more…
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…
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…
Mistakes on your criminal record can be devastating to professional licensees such as those Simas & Associates, Ltd. represents. This blog discusses the process for correcting these mistakes. Correcting Mistakes on Your Criminal Record Under California law, the Office of the Attorney General and Department of Justice are responsible for Read more…