In California, a background investigation is conducted on all license applicants and disclosure of a conviction or failure to disclose a conviction may result in a recommendation of denial of a license. If your application for a license is denied, your license fees will not be refunded by your state licensing board.
Denial of a license may be recommended for the following reasons:
- Failure to disclose pending criminal charges, criminal convictions, or disciplinary action taken against a business, professional license, certificate or permit by an agency in California, another state or by the Federal government.
- Conviction of a felony and the felony is substantially related to the qualifications, functions and duties of a licensee.
- Conviction of a misdemeanor and the conviction is substantially related to the qualifications, functions and duties of a licensee.
- Administrative action taken against a business, professional license, certificate or permit by an agency in California, another state or by the Federal government.
- A determination that the facts of a particular case warrant denial, such as the nature or severity of the act or the presence of aggravating factors.
- Lying on your application for license.
Should your application for a license be denied, you have the right to appeal the denial and to have a formal administrative hearing, under the provisions of Section 485(b) of the Business and Professions Code. You must submit the appeal in writing to the board’s office within 60 days from the date of service of the notice of denial. After 60 days if you do not submit a written appeal to the board, your right to a hearing is automatically waived, and your application is denied. If you do not appeal the denial of a license, you will be allowed to reapply for the license one year from the date of service when you were notified of the denial.
If you have been denied a California license by a licensing board, you need to contact an experienced licensing lawyer immediately to help you prepare your case and submit a written request for appeal.
Once you submit your written request for appeal, you will be given the opportunity for a hearing in accordance with Chapter 5, section 11500 of Part 1 of Title 2 of the Government Code. A “Statement of Issues” document listing the board’s reasons for denying the license will be sent to you as part of this process. An administrative law judge will preside at the hearing, and a deputy attorney general will represent the board. During the hearing, each party is given an opportunity to make opening statements, call witnesses and offer relevant evidence. After all the evidence is submitted, the administrative law judge will prepare a detailed written decision. If the administrative law judge agrees that cause for the denial of your license exists, and orders the denial of your license, then your application for a license remains denied. You may reapply for the license one year after receiving written notification of the administrative law judge’s decision.
Denials of an application for licensure do not need to be the end of the line. The law offices of Lucy McAllister have deep experience with the appeals process and know how to successfully present cases on behalf of licensees so that they can practice the profession they have trained for.
If you have been denied a California license, you should contact our law offices to have us review your case for appeal.