The Law Offices of Lucy S. McAllister successfully defends California licensed professionals served with interim suspension orders by licensing boards.
Under California Law (Business and Professions Code, Chapter 3, section 494):
- A board or an administrative law judge sitting alone, as provided in subdivision (h), may, upon petition, issue an interim order suspending any licentiate or imposing license restrictions, including, but not limited to, mandatory biological fluid testing, supervision, or remedial training.
An interim suspension order (ISO) is issued and a license is suspended in advance of the filing of an Accusation and pending any final determination of a licensee’s fitness to practice their profession by an Administrative Law Judge.
Typically, ISOs are pursued by licensing boards due to the seriousness of the allegations against a licensee. For example, interim suspension orders may be issued by administrative law judges following an application by the Board when it appears that continued practice by a professional would endanger the public health, safety, or welfare.
The licensee is entitled to advance notice of such proceedings (15 days) unless there is a showing that serious injury will result to the public before a hearing can be held. If an interim suspension order is issued, an Accusation must be filed by the Board, a hearing conducted, and a decision issued by the administrative law judge on a very accelerated time frame. If these deadlines are not met, the interim suspension order is dissolved by operation of law.
It is critical that any licensee faced with an ISO contact an experienced licensing attorney immediately. A qualified lawyer can request modifications to the ISO and prepare a case for defense of your license in advance of subsequent Accusation actions by a licensing board. There are very particular legal requirements for the introduction of evidence in an interim suspension order hearing. No witnesses are called. You are not entitled to cross examine licensing authority witnesses, nor are any statements you might make on the record considered evidence. There are very specific manners with which to introduce evidence and defeat the licensing board’s arguments.
The Law Offices of Lucy S. McAllister can work with you to defend your California license in cases where an interim suspension order has been issued against you. We can assess prospects for successful license defense and determine if there is a basis for modification of the ISO.
Contact our law offices today to receive consultation about your interim suspension order and your specific legal case.