STAR Certification On January 1, 2013, the Bureau of Automotive Repair (“BAR”) replaced its former “Gold Shield” program with STAR certification. The STAR program is the Bureau’s certification program that applies to a Registered Automotive Repair Dealer that is also a licensed smog check test-and-repair station or a test-only station Read more…
In a formal Administrative Procedure Act (“APA“) proceeding before an Administrative Law Judge (“ALJ”) of the Office of Administrative Hearings (“OAH”), the ALJ is authorized on his or her own motion – or on a motion of either party – to conduct a Prehearing Conference. The Prehearing Conference, not to be Read more…
Before reviewing the steps one should take to evaluate an appeal of a lower adjudicator’s decision, it is important to note that an appeal is almost never a re-trial. Meaning, rarely does an appeal provide you with an opportunity to retry the facts of the case. In actual, judicial branch, Read more…
All veterinary technician applicants are required to take the new California veterinary technician examination and the Veterinary Technician National Examination (“VTNE”). As an applicant, if you have taken the California veterinary technician examination and failed prior to March 1, 2014, you are required to take both the California and National examination and pass Read more…
Most licensees when facing license discipline are concerned about the direct and immediate consequences. In particular, when a physician faces an accusation by the Medical Board of California, their primary concern is their continued ability to practice. And that is completely reasonable and understandable. However, the lure of certainty in Read more…
Imagine that you are a licensed professional accused of misconduct by your underlying licensing agency, who now wishes to revoke your license. You retain counsel, attempt to negotiate a stipulated settlement, but the agency’s attorney just will not budge. So, you go to an administrative hearing, kick-butt, put on convincing evidence of rehabilitation and Read more…
California law requires all licensing agencies to issue Disciplinary Guidelines. (Business and Professions Code, sections 481, 482.) These Disciplinary Guidelines are similar to Sentencing Guidelines in criminal law. They provide for the proposed terms of license discipline and the probation that the licensing agency deems appropriate for particular violations of Read more…
A plurality of our law firm’s work comes in the form of defending professional licensees from licensing agency discipline. This entails the administrative hearing process, which typically leads to a hearing of varying length before the Office of Administrative Hearings. But only if a settlement cannot be negotiated and agreed to before the Read more…
On April 12 and 13, Steve Simas was one of several presenters in two seminars provided by the California Physical Therapy Association (CPTA) in San Francisco and Los Angeles, respectively. Mr. Simas was selected to present due to his deep experience in health care reform law. Mr. Simas’s participation in Read more…
This blog entry is for all licensees of the California Department of Alcoholic Beverage Control (“ABC”). We were compelled to write this article to warn ABC licensees of the perils of attending an ABC “309 meeting” also known as a “309 hearing” at a regional office of ABC. Pre-Charging Meeting Read more…