We defend your license against INTERIM SUSPENSION ORDERS, or temporary suspensions pending the completion of an investigation, criminal case or other related matter.
Notice of Defense and Interim Suspension Deadlines
When a licensing board serves an Accusation or seeks interim suspension, the first response is often the Notice of Defense. This document does more than ask for a hearing. Under California Government Code section 11506(a), the respondent may request a hearing, object to the Accusation, admit or deny parts of it, and present new matter by way of defense.
The Notice of Defense can also preserve objections to the Accusation itself. Government Code section 11506(a)(3) allows the licensee to object when the Accusation is so indefinite or uncertain that the licensee cannot identify the transaction or prepare a defense. If that objection is not raised properly, Government Code section 11506(c) states that objections to the form of the Accusation are deemed waived.
Service deadlines matter. A California licensing board may serve notices by regular mail to the licensee’s last known address under Business and Professions Code section 124. Licensees must also notify their board of a mailing address change within 30 days under Business and Professions Code section 136. If the board sends the Accusation or notice to the address on file, the response period may run even if the licensee does not open the packet right away.
After a timely Notice of Defense is filed, discovery becomes an important part of the defense. Government Code section 11507.6 allows a party to request witness names and addresses, statements, writings, things, and investigative reports related to the administrative case, subject to privilege and confidentiality limits. This evidence can shape the defense before the hearing.
S J Harris Law helps licensed professionals respond quickly to Accusations, Interim Suspension Order requests, and other disciplinary notices. If your board has served papers against your license, you should speak with counsel before the response deadline passes.
Contact S J Harris Law and attorney Scott J. Harris to discuss your particular licensing matter. Competent, compassionate and dedicated legal representation may be more cost-effective than you may think.
