Our law firm works with professional licensees on a regular basis. Many of these individuals are independent, hard-working individuals, with usually barely enough time to handle their personal lives, let alone to administer or organize their profession as a going concern. This lack of time is often a direct cause Read more…
Code of Civil Procedure §1094.5(c) establishes the two basic tests for determining whether the evidence supports the findings in an administrative writ of mandate proceeding: If authorized by law to exercise its independent judgment on the evidence, the court determines whether the findings are supported by the weight of the Read more…
On September 28, 2014, Governor Brown signed Assembly Bill 2396, which provides that an individual with an expunged conviction cannot be denied a license solely because of the expunged conviction, notwithstanding any other law in the Business and Professions Code. This new law gives relief to applicants applying to certain Read more…
On November 14, 2014, Steven L. Simas, owner and founder of Simas & Associates, Ltd., will be serving as one of several presenters for Administrative Writs of Mandamus: What You Need to Know. This day-long seminar is being co-hosted by Pincus Professional Education and the Sacramento County Bar Association Administrative Read more…
Since 2006, California employers who employ or contract with over 50 individuals to provide it service are mandated to provide regular sexual harassment training to its supervisors. Assembly Bill 1825 resulted in the creation of Section 12950.1 of the Government Code, which required mandatory sexual harassment training for supervisors within Read more…
Recently, our law firm has received a large influx of inquiries for service from registered nurses and physical therapists. The cause for this influx appears to be an abrupt change in the way the Board of Registered Nursing (BRN) and the Physical Therapy Board (PTB) are treating first-time, driving under Read more…
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…
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…