Under California law, you have the right to have a Superior Court judge review a licensing board’s decision about the suspension, revocation or denial of reinstatement of your license after an administrative hearing. The Superior Court will determine if the board abused its discretion in reaching its decision.
A California licensee whose license has been suspended, revoked or denied reinstatement may seek judicial review of the board’s decision by filing what is called a petition for Writ of Mandate (“Writ of Administrative Mandamus”) in Superior Court under Code of Civil Procedure (CCP) section 1094.5. This petition for Writ of Mandate must be filed with the court in a timely manner or you can be barred from perfecting the writ appeal. You can also sometimes request injunctive relief from the Superior Court allowing you to continue to practice your profession until the Superior Court has reviewed your writ petition and the licensing board’s decision.
An experienced licensing lawyer can help you determine if a Writ of Mandate is a valid legal strategy to employ in your specific case and whether the board committed prejudicial error necessitating an appeal of the decision. If you believe that the Administrative Law Judge’s findings were incorrect or the judge did not reach a reasonable decision in his or her proposed decision, the Law Offices of Lucy McAllister can help you prepare an appeal of the board’s decision so that your case receives a thorough review by the Superior and Appellate courts.
Contact our law offices today to learn more about our legal services for licensees appealing California license denials, license revocation or failure to receive license reinstatement.