If you have been under investigation by your licensing board in California and have had your license revoked through Board disciplinary action and are in an administrative probationary period, you may be eligible for early termination of probation, submission of a petition for reconsideration or even revocation of your probation.
A licensee is placed on probation subsequent to the filing of an Accusation (formal statement of charges). A decision to place a licensee on probation could come about either as a result of a stipulated settlement or as ordered by an Administrative Law Judge subsequent to an administrative hearing. To be placed on probation, the license always is revoked; however, the revocation is stayed and the period of probation and terms and conditions are specified in the probation order. In the event the licensee does not comply with the terms and conditions of probation, the probation and therefore the license can be revoked.
Decisions ordering probation are considered disciplinary actions and, as such, are public information and a matter of public record. Having your license pending revocation is therefore problematic not only because you are continually at risk of losing your livelihood and your career, but also because potential customers and clients may discover that you are in a probationary period.
According to California Business & Professions Code 1686:
A person whose license, certificate, or permit has been revoked or suspended, who has been placed on probation, or whose license, certificate, or permit was surrendered pursuant to a stipulated settlement as a condition to avoid a disciplinary administrative hearing, may petition the board for reinstatement or modification of penalty, including modification or termination of probation, after a period of not less than the following minimum periods have elapsed from the effective date of the decision ordering disciplinary action:
(a) At least three years for reinstatement of a license revoked for unprofessional conduct or surrendered pursuant to a stipulated settlement as a condition to avoid an administrative disciplinary hearing.
(b) At least two years for early termination, or modification of a condition, of a probation of three years or more.
(c) At least one year for modification of a condition, or reinstatement of a license revoked for mental or physical illness, or termination, or modification of a condition, of a probation of less than three years.
The board or the administrative law judge hearing the petition may consider
- all activities of the petitioner since the disciplinary action was taken
- the offense for which the petitioner was disciplined
- the petitioner’s activities during the time the license, certificate, or permit was in good standing
- the petitioner’s rehabilitative efforts, general reputation for truth, and professional ability.
Bay Area professional license attorney Lucy McAllister is an experienced legal expert and strategist in California professional license defense – from handling administrative hearings and board licensing investigations to license reinstatement, early termination of license probation and license probation revocation and dismissal. At the Law offices of Lucy S. McAllister, we help you to understand the legal and professional claims and complaints against you. If you are facing administrative probation with your California license, you need to consult with an experienced and qualified professional license defense lawyer as soon as possible, to help guide you to a set of actions which can quickly restore your license – and your livelihood.
If you have a California professional on probation with your license, call the law offices of Lucy McAllister immediately. Our Law Office team will take the time to provide answers and clarify the legal system’s processes for you, enabling you to collaboratively determine the specific and most effective solutions for your case. Having represented hundreds of California professionals defending their licenses in the San Francisco Bay Area and those facing legal challenges in the California courts, Lucy McAllister Esq. will help you understand and protect the California profession which is your passion.
For additional information or to schedule a consultation on a professional licensing issue, please contact our law offices today at (877) 280-9944.