SKILLED ADMINISTRATIVE ATTORNEY SERVING CLIENTS IN SAN DIEGO
Administrative defense work when you are involved in a case with a governmental or licensing agency, the repercussions can be critical. Whether you’re a nurse or doctor appearing before medical boards or a contractor negotiating with the contractors board, you need assistance from an attorney who has experience in these cases. Administrative boards can be very conservative and unjustifiably put you on probation or revoke your license, temporarily or permanently affecting your employment opportunities.
It’s important to engage an experienced San Diego administrative defense lawyer early on in the process. After all, your practice, your job and livelihood and your income are all at stake.
Administrative hearings also take place in the field of education. If your child is facing school expulsion or dealing with juvenile court, we can make sure the matter doesn’t appear on their record as an adult.
WHAT IS ADMINISTRATIVE LAW? EXPERIENCED LAWYERS IN SAN DIEGO EXPLAIN
Administrative law is a field that deals with the creation and operation of various administrative agencies. This type of law governs the regulations of these agencies and the rules each of the agencies make. Who creates administrative law? The different administrative bodies such as the Medical Board, Board of Registered Nurses, Board of Chiropractors, Federal Communications Commission and more. Each agency is responsible for making their own set of rules that must be followed. For example, the Board of Registered Nurses is responsible for creating rules for all registered nurses in that state to abide by. Each of these agencies is classified as an executive, legislative or independent agency, depending on who the agency has power over, what rules it can enforce, and what issues it regulates.
Attorneys who practice administrative law can represent different institutions, businesses or even individuals who are required to appear before one of these boards or agencies. If you have to go in front of one of these administrative agencies in San Diego Count, it is imperative you work with an attorney who has experience with these cases. Administrative law is very different from other fields, so not just any lawyer will do. Contact the Law Offices of Elliott N. Kanter for a free consultation to discuss your legal options.
MEDICAL BOARD OF CALIFORNIA DISCIPLINARY HEARING—DO I REALLY NEED A LAWYER?
The Medical Board of California investigates complaints about medical health care and issues disciplinary actions. It can revoke, suspend or place a license on probation. In addition, HMO exclusion, denial of hospital privileges, and malpractice insurance cancellation may result from a disciplinary hearing. In view of the adverse effects that may result from a Medical Board disciplinary hearing, it is wise to seek the assistance of a competent administrative law attorney to guide you through the entire process.
The Medical Board investigation process starts with the initial contact with a Board investigator who may be accompanied by a Board-paid Medical Consultant. An interview will be scheduled which may be recorded. Record requests are common in these proceedings.
WHEN IS AN ADMINISTRATIVE HEARING SCHEDULED?
If the doctor’s initial responses are not accepted or if they are tainted with suspicion, doubt or deceit, it may lead to the filing of an accusation by the Attorney General’s office. An administrative hearing will then be scheduled. Prior to this, the evidence supporting the accusation, expert reports, the names of witnesses, and any documentary evidence should seek to be produced.
Sometimes doctors facing an accusation may have the case resolved by stipulated settlement. However, the Medical Board must still agree to adopt the stipulation. Otherwise, the matter goes to hearing. If a decision resulting from an administrative hearing goes against the doctor, an administrative law attorney may appeal the case in the California Superior Court. Contact the Law Offices of Elliott N. Kanter right away to get the legal help you deserve.
DEFENSE OF CALIFORNIA BOARD OF REGISTERED NURSING ADMINISTRATIVE HEARING—DO YOU REALLY NEED HELP FROM ATTORNEYS?
In 2009, newly appointed members of the Board of Registered Nursing stepped up enforcement. The Board of Registered Nursing has the right to discipline a registered nursing license for violation of the Nursing Practice Act. The disciplinary action is based on a number of factors, such as the severity and recency of offense, rehabilitation evidence, current ability to practice safely, and past disciplinary history.
If you are a registered nurse and you are being investigated by the Board of Registered Nursing and/or Department of Consumer Affairs for wrongdoing, charged with or have a BRN complaint filed against you, or are seeking an RN license in California but have some prior misdeed you are worried about, you will need an attorney to handle these matters.
WHEN SHOULD YOU CONTACT LAW FIRMS IN SAN DIEGO?
If you receive a phone call from an investigator or a formal accusation by mail, you will need to speak with an administrative law attorney who has expertise in Board of Registered Nursing cases. An accusation can be very alarming in part because when you read the last page it will imply that the BRN seeks to revoke the license. This is standard language in every accusation and it allows the BRN to revoke a license if the facts merit it.
It is possible for the nurse to save his or her license. It will take a proactive approach, including the filing of a mitigation package and a demonstration of why the discipline was not previously reported. Because it is difficult for the nurse to handle the legal parts of this process without assistance, it is imperative to consult with an attorney.
An experienced and professional attorney will provide aggressive representation to nurses investigated or accused of wrongdoing. Our lawyers in the San Diego community help protect your license, your reputation and your career. Please contact Elliott N. Kanter through the secure mailing form to discuss our legal services and resources in greater detail. You can also contact Mr. Kanter by telephone: 619-330-5881. There’s no time to waste–it’s best to contact a law firm right away to discuss your legal issue in detail.
A SAN DIEGO COUNTY LAW FIRM WITH OVER 30 YEARS OF EXPERIENCE WORKING FOR YOU
The Law Offices of Elliott K. Kanter have over 30 years of experience successfully representing clients before administrative boards. Our law firm is here to help you. So please don’t hesitate to contact us by phone at 619-330-5881 or email at firstname.lastname@example.org for a no cost, no obligation consultation with a lawyer. You can also fill out the form on this website to seek legal advice and get your legal questions answered by one of our attorneys.