Most licensees have never been visited by a state investigator. If you are not familiar with license disciplinary actions, you may essentially lose your license before a formal Accusation is even filed since the State can obtain an injunction in Superior Court prohibiting you from your work.
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How to Handle a Call or Letter from a California State Agency
When contacted by a State investigator, you should immediately respond that you want to cooperate but would like to do so with the advice of legal counsel.
Don't be luled into a false sense of security. The investigator may say it is an "informal" conference to ALLEGEDLY learn your side of the facts, so that the matter may be "cleared up." The informal meeting may seem so innocuous that you may not even consider taking an attorney to the conference. When you appear at the conference, you may discover an expert consultant hired by the state conducts much of the interview; you may also be told the interview is tape-recorded .
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Possible Outcomes of an Investigation
The best opportunity to resolve a case favorably comes at the investigative stage if you are fortunate enough to be told before the Agency files disciplinary action. You should be aware of the possible outcomes of an investigation:
Closed and the complaint is found to be "unsubstantiated;"
Closed and retained for one year if the complaint is found to be "inconclusive;"
Closed and retained for five years because the complaint is found to have merit, but insufficient evidence to prosecute the licensee;
Case referred for issuance of a citation; and.
Closed and an investigative fine is imposed;
You want to avoid the following outcomes:
Case referred to the Office of the Attorney General or to the agency's Legal Division for prosecution;
Case referred to the local district attorney or other law enforcement agency for criminal prosecution.
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