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…
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…
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…
(This article will appear in the California Physical Therapy Association's March 2015 Newsletter, PT Interventions.) Reporting abuse sounds like a simple and straightforward process. But due to the personal nature of the physical therapist-patient relationship, it can be difficult. Because such reporting is mandated by California law, this article examines Read more…
The California Public Records Act (California Government Code sections 6250-6276.48, “PRA”) states that all public records in California are open to inspection and copying by anyone. However, the exercise of that right takes a little more nuance than just citing the statute to a state, local, or quasi-municipal agency. So, we sat Read more…
The Freedom of Information Act (FOIA) provides that any person has a right, enforceable in court, to obtain access to federal agency records, except to the extent that such records (or portions of them) are protected from public disclosure by one of nine exemptions or by one of three special Read more…
Happy holidays! Tis the season for joy, warm thoughts, and a process server in your reception area? While undoubtedly unwelcome and surprising, holiday-related complaints, claims, and lawsuits are all too common amongst employers. Holidays tend to evoke emotions for many people; most of these emotions are positive and healthy. However, some Read more…