If a state agency issues, enforces, or attempts to enforce a rule without following the Administrative Procedure Act (APA) when it is required to for purposes of formulating that rule, the rule is called an “underground regulation.” State agencies are prohibited from enforcing underground regulations. What is a Regulation? A Read more…
There are some very specific and somewhat obscure (at least to the general public) laws regulating the world of beauty. At least in the state of California and inside and out of barber shops and salons. First of all, comes the agency. In California, you have the Board of Barbering and Read more…
There is no doubt that that the possibility of losing anything that you have worked hard to obtain is a hard pill to swallow. Especially, related to your livelihood. So for medical professionals avoiding any hint of billing fraud or abuse related to Medicare, Medicaid, and other Federal and State Read more…
This blog entry is the third of a three-part series of entries regarding issues that Veterinarians face when there is a change in the practice relationship. This can be a veterinarian leaving a practice, a clinic selling a practice, or a practice that is closing. The series examines the following questions: Read more…
Many areas of the law come with deadlines. Tight deadlines. The practice of administrative law and professional licensing defense is no different. One thing that our firm has noticed is that the state licensing agencies like to play a little fast and loose with their interpretation of deadlines. Meaning, they Read more…
For years, veterinarians throughout the State of California have called their staff members who are not licensed “technicians,” which includes “techs,” “vet techs,” etc. This blog addresses three problems with veterinarians continuing to designate unlicensed people and their positions using the word “technician.” Veterinary Practice Act Veterinarians have recently come Read more…
The Board for Professional Engineers, Land Surveyors, and Geologists (BPELS) regulates the practices of engineering, land surveying, geology, and geophysics in the state of California in order to safeguard the life, health, property, and welfare of the public. Historical Background The Board of Registration for Civil Engineers was created by Read more…
Eighty years ago today, on November 18, 1935, the Contractors State License Board (CSLB) held its first public Board meeting. The meeting took place at the State Office Building in downtown Sacramento. CSLB was not always a Board. A bill to create the Board did not pass in its original Read more…
On November 12, 2015, Steven L. Simas will be presenting before the Criminal Defense Law Section of the San Luis Obispo County Bar Association. The topic of the presentation is “Between a Rock and a Hard Place – When Criminal Law Overlaps Administrative Law.” Mr. Simas is the founding member Read more…
This blog entry is the second of a three-part series of entries regarding issues that Veterinarians face when there is a change in the practice relationship. This can be a veterinarian leaving a practice, a clinic selling a practice, or a practice that is closing. The series examines the following questions: Who Read more…