At Spital and Associates, we will represent you in all aspects of government regulation, including administrative hearings and appeals. As a former Deputy Attorney General, Sam Spital has extensive experience and a diverse background in many aspects of California government. As your California Licensing Attorney, we handle cases throughout California and are well versed in the rules and regulations that apply to administrative hearings and adjudication, disciplinary actions, administrative investigations, administrative officers and agents, administrative rulemaking, licensing, and regulatory enforcement.
At Spital and Associates, we are California Administrative Law Lawyers who will represent you before the Department of Motor Vehicles (DMV), Department of Consumer Affairs (DCA), Department of Health Services (DHS), Department of Social Services (DSS), Physical Therapy Board (PTB), Board of Behavioral Science (BBS), Board of Psychology (PsychBoard), Board of Acupuncture, Board of Veterinary Medicine (BVM), Board of Accountancy, Board of Registered Nursing (BRN), Contractors' State License Board (CSLB), Bureau of Automotive Repair (BAR), Board of Licensed Vocational Nursing (BLVNPT), Board of Optometry, Board of Pharmacy, Board of Barbering & Cosmetology, Structural Pest Control Board (SPCB), Bureau of Security and Investigative Services (BSIS), Board of Dental Examiners (DBC), State Medical Board (MedBd), Speech Language Pathology & Audiology Board (SLPAB), Board of Osteopathic Medicine (OMBC), Board of Podiatry (BPM), Cemetery & Funeral Bureau (CFB), Board of Occupational Therapy (BOT), Board of Respiratory Care (RCB), Physician Assistant Committee, Registered Veterinary Technician Examining Committee (RVTEC), and nearly every Licensing Law Agency, Board, Bureau and Department in California.
The Administrative Law Process - Hearings
If you have a California business or professional license, pursuant to due process you are entitled to have a formal hearing to determine the validity of any allegations that have been made against you [under the Administrative Procedure Act commonly referred to as the “APA”]. You will receive a written notice (see more details below), and if you request the same you will receive a hearing before an Administrative Law Judge with the statewide Office of Administrative Hearings. However, if you or your attorney discover a complaint has been filed or being reviewed, as your California Licensing Attorney it may be possible to "nip it in the bud" at the investigative stage. Hence, it is important to obtain legal counsel at the very earliest stage of an administrative case, whether informal or formal. In summary, an administrative case may be resolved by or thru an informal investigation or citation.
Please note: Unlike our judicial system involving trials by judge or jury, an administrative hearing is ultimately decided by the licensing board, agency, bureau or department. In other words, even if the administrative law judge issues a decision in your favor, the Proposed Decision can be modified and/or rejected by the state board, agency, bureau or department.
The administrative agency has up to 100 days to either (1) adopt the proposed decision; (2) modify the proposed decision; or (3) reject the proposed decision. In the later instance, the agency will issue its own Decision; this happens in those cases when an agency feels the judge did not interpret the facts properly, did not apply the law properly, made a mistake in some fashion and/or was too lenient. The agency's Decision becomes final if a Motion for Reconsideration is not timely filed. Otherwise, the Decision can be appealed to Superior Court as long as within the time deadlines.
The Administrative Law Process - Settlement
As your California Administrative Law Attorney, we will advance your case in the most aggressive, but economically efficient way possible. Hence, we will use our resources and, in an appropriate situation as desiredby our client, seek to negotiate a settlement without the necessity of a formal administrative hearing. Our primary goal is to determine whether the matter can be dismissed without any disciplinary action imposed . If so, we develop a plan of action and strategy towards that purpose.In those instances where the client directs us to do so and it is appropriate, we will seek a "Stipulated Settlement," but only if it is a "win-win" situation for everyone. These settlements are the result of negotiation between the Attorney General's Office or the attorney representing the agency (e.g. The Department of Real Estate has its own legal counsel assigned to these cases). As a former Deputy Attorney General (since 1971 as a prosecutor) representing the various boards and agencies, Sam Spital brings to the table the knowledge, insight and experience you need. Having a highly skilled and thoroughly experienced attorney-negotiator on your team (since 1978 as a defense lawyer) can influence the terms and conditions of the settlement . As your California Licensing Attorney, Sam Spital and his team of attorneys work relentlessly to achieve a favorable result for their clients.The Stipulated Settlement involves a multitudinous variety of terms and conditions, including a waiver of one ’s right to an administrative hearing, the right to testify and produce evidence and witnesses, the right to cross-examine the state's witnesses and object to evidence they might seek to introduce, the right to seek reconsideration and/or file an appeal, and a whole panoply of due process protections. Our goal is to craft a settlement that provides a less severe punishment and/or more favorable resolution and achieve an early and less costly disposition of the case. In summary, our role in negotiation and settlement of your case is to effect both the nature and extent of the penalty as well as the fines imposed upon the licensee. Rather than one having his/her license revoked or suspended for a lengthy and/or indefinite period of time, Spital and Associates seeks to obtain a more desirable disposition. In such cases, there may be a period of probation -- possibly three to five years, and there may be a suspended or stayed penalty, which might in some instances include supervision or monitoring by the agency.However, the terms and conditions can vary widely and certainly can make a substantial difference in the outcome. For example, enforcement fines can vary tremendously between agencies and within the same agency. As your California Licensing Attorney, we are unstoppable and do not accept "no" in negotiating a settlement that is best for our clients, including negotiating down any fines that are being assessed.While past results cannot be used to predict future performance, at Spital and Associates, we have reduced fines enough that the savings offset the attorney's fees our client paid to us.It is noteworthy, however, that when you are on probation, you are vulnerable to a new license violation and, if this occurs, you face the consequences of an actual suspension or revocation of your license.
If you are licensed by a California Board or Agency,
and have received an
ACCUSATION
Call Samuel Spital, former Deputy Attorney General. 1. An Accusation is a legal document that contains charges against a licensed professional. It is usually sent by the State Board that issued your license by certified mail. There will be included several other legal documents including a Notice of Defense. You must take immediate action by filing the Notice of Defense &/or employing an experienced attorney to request a hearing to prevent a default.2. Prior to the filing of an Accusation, you may be contacted by your licensing agency by letter, or by an investigator with the Department of Consumer Affairs or the Board that issued your license. In the latter instance, we generally recommend our clients state something like the following: "I want to cooperate fully with you, but I will have my attorney call you first." It is important that a prompt and cooperative reply be given, but one certainly has to be cautious. This is true even in the situation where the investigator says "I just want your version in my report so I can close this case." It is better to be cautious than later sorry because your statement may be used against you. In some situations, however, an immediate remedial action may be necessary. At Spital and Associates, we will develop a plan of action and strategy for responding to the state board or agency to resolve issues at the earliest possible stage.
If you are applying for a state license
and received a denial letter or
STATEMENT OF ISSUES
Call Samuel Spital, former Deputy Attorney General.
1. At Spital and Associates, we will develop a plan of action and strategy for responding to the state board or agency to resolve issues at the earliest possible stage. Negotiations are also possible in these matters, and in certain cases the matter can be resolved without an administrative hearing.
2. Prior to the filing of a Statement of Issues, you may be contacted by your licensing agency by letter, or by an investigator with the Department of Consumer Affairs or the Board that issued your license. In the latter instance, we generally recommend our clients state something like the following: "I want to cooperate fully with you, but I will have my attorney call you first."It is important that a prompt and cooperative reply be given, but one certainly has to be cautious. This is true even in the situation where the investigator says "I just want your version in my report so I can close this case." It is better to be cautious than later sorry because your statement may be used against you.
3. If you received a Statement of Issues, it is usually served by certified mail and is accompanied by other legal documents including a Notice of Defense. Immediate action is required to preserve your right to an appeal of the denial of the license.At Spital and Associates, we will develop a plan of action and strategy for an appropriate response, providing more information or seeking an appeal to avoid a default. As attorneys specializing in criminal, civil and administrative law, we offer comprehensive legal representation, including the following services:
- We provide a proper and timely response to California licensing agency investigation
- We represent clients in California licensing
- We represent professionals and businesses in criminal investigations throughout California
- We represent clients who seek to appeal the denial of a California professional license
- We are available to represent you in a criminal case in which the board or agency seeks an immediate suspension of your license in criminal court under Penal Code section 23
- We represent clients in negotiations with the California Attorney General or the in house state board/agency Department Legal Counsel
- We represent Clients at Administrative
- We represent clients in filing a Petition for Reinstatement after the loss of a license We are available to represent you in filing a writ in Superior Court to appeal any adverse decision
- We represent professionals and businesses during Probation
- Consult us regarding an early termination &/or modification of Probation
- We provide legal defense to criminal charges that may arise from an investigation.
Call Sam Spital for any case before nearly all of the following:
- Short List of -
California Departments, Boards and Bureaus :
The Administrative Law Process - Agencies
Partial List Only - -
Accountants - Board of Accountancy
2000 Evergreen Street, Suite 250
Sacramento, CA 95815-3832
800/952-5210 information
800/344-9444 TDD
916/263-3680 complaints
http://www.dca.ca.gov/cba/
Online consumer complaint form
email
Acupuncturists - California Acupuncture Board
California Department of Consumer Affairs
1424 Howe Avenue, Suite 37
Sacramento, CA 95825
800/952-5210
916/263-2680
800/739-2929 TT/TDD relay service
www.dca.ca.gov/acup
Consumer complaint form
Chiropractors - California Board of Chiropractic Examiners
2525 Natomas Park Drive, Suite 260
Sacramento, CA 95833-2931
916/263-5355
866/546-1311 Consumer Complaint Line
800/739-2929 TT/TDD relay service
http://www.chiro.ca.gov/
Consumer complaint form
Contractors - Contractors State License Board
P. O. Box 269117
Sacramento, CA 95826-9117
916/255-2924
800/321-2752
http://www.cslb.ca.gov/
Online consumer complaint form
Counselors and Social Workers - Board of Behavioral Science Examiners
400 R Street, Suite 3150
Sacramento, CA 95814-6240
800/952-5210 information
916/344-9940 TDD
916/445-4933 complaints
http://www.bbs.ca.gov/
Consumer complaint form
email
Dentists - Dental Bureau of California
2005 Evergreen Street, Suite 1550
Sacramento, CA 95815
800/952-5210 information
800/344-9940 TDD
916/263-2300
916/263-2335 complaints
http://www.dbc.ca.gov
Consumer complaint form
Registered Nurses - California Board of Registered Nursing
400 R Street, Suite 4030
P.O. Box 944210
Sacramento, CA 94244-2100
916/322-3350 complaints
916/322-1700 TDY
http://www.rn.ca.gov/
Consumer complaint form
Vocational Nurses & Psych. Techs. - Board of Vocational Nurses and Psychiatric Technicians
2535 Capitol Oaks Drive, Suite 205
Sacramento, CA 95833
800/952-5210 information
800/344-9940 TDD
916/263-7822 complaints
www.bvnpt.ca.gov/
Consumer complaint form
Optometrists - California Board of Optometry
400 R Street, Suite 4090
Sacramento, CA 95814-6200
800/547-4576
916/323-8720
http://www.optometry.ca.gov/
email
Pharmacists - California Board of Pharmacy
400 R Street, Suite 4070
Sacramento, CA 95814
916/445-5014
http://www.pharmacy.ca.gov/
Consumer complaint form
Physicians - Medical Board of California
2005 Evergreen Street, Suite 1200
Sacramento, CA 95815
800/633-2322 complaints
800/344-9940 TDD
916/263-2466 information
http://www.medbd.ca.gov/
Consumer complaint form
Psychologists - Board of Psychology
1422 Howe Avenue, Suite 22
Sacramento, CA 95825
800/952-5210 information
800/633-2322 complaints
http://www.psychboard.ca.gov/
Consumer complaint form
email
Real Estate Agents & Brokers- Dept. of Real Estate (DRE)
P.O. Box 187000
Sacramento, CA 95818-7000
(916) 227-0864
(800) 735-2929 TT/TDD relay service
http://www.dre.ca.gov/
Smog Check & Auto Repair Dealers - Bureau of Auto Repair (BAR)
P.O. BOX 989001
West Sacramento, CA 95798-9001
(916) 255-3145
(800) 952-5210
http://www.smogcheck.ca.gov/
Veterinarians & Registered Technicians - Veterinary Medical Board (VMB);
1420 Howe Avenue, #6
Sacramento, CA 95825-3228
Phone: (916) 263-2610
http://www.vmb.ca.gov/
- Long List of -
California Departments, Boards and Bureaus:
Call Sam Spital for any case before the following:
- California Acupuncture Board
- California Agricultural Labor Relations Board
- California Air Resources Board
- California Architects Board
- California Athletic Commission
- California Board for Geologists and Geophysicists
- California Board for Professional Engineers and Land Surveyors
- California Board of Accountancy
- California Board of Barbering and Cosmetology
- California Board of Behavioral Sciences
- California Board of Chiropractic Examiners
- California Board of Guide Dogs for the Blind
- California Board of Occupational Therapy
- California Board of Optometry
- California Board of Pharmacy
- California Board of Podiatric Medicine
- California Board of Psychology
- California Board of Registered Nursing
- California Board of Vocational Nursing and Psychiatric Technicians
- California Bureau of Automotive Repair
- California Bureau of Electronic and Appliance Repair
- California Bureau of Home Furnishings and Thermal Insulation
- California Bureau of Naturopathic Medicine
- California Bureau of Security and Investigative Services
- California Cemetery and Funeral Bureau
- California Charter Schools
- California Civil Rights Bureau
- California Coastal Commission
- California Commission on Teacher Credentialing
- California Consumer Services Division
- California Contractors State License Board
- California Court Reporters Board
- California Department of Alcoholic Beverage Control Appeals Board
- California Department of Alcoholic Beverage Control
- California Department of Child Support Services (CDCSS)
- California Department of Consumer Affairs
- California Department of Corporations
- California Department of Corrections and Rehabilitation
- California Department of Developmental Services
- California Department of Education
- California Department of Fair Employment and Housing
- California Department of Finance
- California Department of Fish and Game
- California Department of Health Services
- California Department of Industrial Relations
- California Department of Insurance
- California Department of Managed Health Care
- California Department of Mental Health
- California Department of Motor Vehicles (DMV)
- California Department of Real Estate
- California Department of Rehabilitation
- California Department of Social Services Adoptions Branch
- California Department of Social Services
- California Department of Transportation (Caltrans)
- California Division of Labor Standards Enforcement
- California Division of Occupational Safety and Health (Cal/OSHA)
- California Division of Workers' Compensation
- California Emergency Medical Services Authority
- California Employment Development Department (EDD)
- California Fair Political Practices Commission
- California Fish and Game Commission
- California Franchise Tax Board (FTB)
- California Gambling Control Commission
- California Government Claims and Victim Compensation Board
- California Health and Human Services Agency
- California Hearing Aid Dispensers Bureau
- California Highway Patrol (CHP)
- California Horse Racing Board
- California Industrial Welfare Commission
- California Managed Risk Medical Insurance Board
- California Mining and Geology Board
- California New Motor Vehicle Board
- California Nursing Home Administrator Program
- California Occupational Safety and Health Appeals Board
- California Occupational Safety and Health Standards Board
- California Office of Real Estate Appraisers
- California Peace Officer Standards and Training (POST)
- California Personnel Board
- California Physical Therapy Board
- California Physician Assistant Committee
- California Registered Veterinary Technician Committee
- California Registrar of Charitable Trusts
- California Speech-Language Pathology and Audiology Board
- California State Board of Education
- California State Mediation and Conciliation Service
- California State Personnel Board
- California Structural Pest Control Board
- California Unemployment Insurance Appeals Board
- California Unemployment Insurance Program
- California Veterinary Medical Board and Registered Veterinary Technician Examining Committee
- California Veterinary Medical Board
- California Victim Compensation and Government Claims Board
- California Youth Authority Board
- California Youth Authority (CYA)
- Dental Board of California
- Medical Board of California
- Medi-Cal
- Osteopathic Medical Board of California
- Physical Therapy Board of California
- Alcoholic Beverage Control Board (Liquor License)
- Board of Accountancy (CPA)
- Board of Psychology (PhD)
- Alcoholic Beverage Control Board (Liquor License-ABC)
- Bureau of Automotive Repair (Auto Repair)
- Bureau of Barbering and Cosmetology (Barber & Cosmetologist)
- Contractors' State License Board (Licensed Contractor)
- Department of Real Estate (Real Estate Broker & Real Estate Agent)
- Department of Insurance (Insurance Broker & Insurance Agent)
- Department of Motor Vehicles (Automobile Dealer & Sales person)
- Dental Board (Dentist)
- Medical Board (Physician)
- Optometry Board (Optometrist)
- Physical Therapy Board (Physical Therapist & Assistant)
- Board of Registered Nursing (Registered Nurse)
- Respiratory Therapy Board (Respiratory Therapist)
- Speech-Pathology and Audiology Board (Speech Pathologist)
- Veterinary Medical Board (Veterinarian)
- Licensed Vocational Nursing Board (LVN)
Contact Us Now to ask Samuel Spital a question about business litigation [real estate law; employment law issue; business tort; government regulation].
Samuel Spital & Associates
8880 Rio San Diego Drive
Suite 800
San Diego, CA 92108-1642
Telephone: 619-583-0350
Fax: 619-583-1850
Call 7 days a week at any hour or send an e-mail now.