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Medical License Defense

CAN A BOARD, VIA A DISCIPLINARY PROCEEDING, FORCE YOU TO PAY MONEY?

When the Department of Consumer Affairs of California or one of its various subsidiary boards, has placed you under investigation or served you with an accusation or complaint, you naturally may be worried about the future of your license or certificate.

However, in addition to potentially having your license or certificate revoked or suspended, you could also be forced to pay large sums of money.

Under California Business and Professions Code §125.3, if you have been found, during a disciplinary proceeding before any board, to have committed a licensing violation you could be required to “pay a sum not to exceed the reasonable costs of the investigation and enforcement…” “…including…charges imposed by the Attorney General.”

Fortunately, the board cannot just come up with any arbitrary number. Any number the board comes up with must be approved by an administrative law judge before enforcement. Therefore, an attorney may be able to reduce the costs by representing you in front of the administrative law judge.

Unfortunately, once costs have been determined by an administrative law judge, it is usually to your benefit to pay the costs. If you fail to pay the costs, under California Business and Professions Code §125.3, not only will “…the board…not renew or reinstate [your] license…” but the board can still seek repayment in “any appropriate court”.

Therefore, by failing to pay, you could end up in a situation in which you lose your license and still have to eventually pay the costs.

If you are experiencing financial difficulty, you should ask your attorney, as under certain conditions before paying off the costs, you can have your license renewed for a period of one year. During that one year period you can use the income you generate from your license or certificate to help you pay off the costs.

Finally, please note that the costs under California Business and Professions Code §125.3 does not apply to the Medical Board of California nor to any other board that is governed by more specific statutory language.

CALL FOR YOUR FREE CONSULTATION

The disciplinary process occur can occur very quickly. You don’t want to lose your case because you didn’t act quickly.

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(c)Malakauskas Law, APC. Attorney Advertisement. This website shall not be construed as legal advice and is for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. Consult with your own personal attorney for more information on the subject matters.

These blogposts shall not be constituted as legal advice and are for informational purposes only. Each and every case is different and requires an attorney to examine the specific case in question to arrive at an adequate legal conclusion. In addition, these blogposts are not updated, or edited, after the date of their initial post, and as such, the information contained within them may be outdated. Consult with your own personal attorney for more information on the subject matters.