The ONE Thing You Must Do NOW If They’re Trying To Take Your License
California professionals are subject to regulations. Residential care facilities for the elderly (RCFE’s) are subject to the Health and Safety Code and Title 22 of the California Code of Regulations. Nurses are subject to the Nursing Practices Act, Title 16 of the California Code of Regulations and the Business and Professions Code. Violation of the pertinent regulation can subject the licensee to fines, citations and eventually revocation of their license. When the licensing agency takes action to revoke a license they serve the respondent with an Accusation; a legal document formally charging the licensee with violations and notifying the licensee of the disciplinary action to revoke the license.
Notice of Defense
The Accusation is not the only document delivered to the respondent. Along with the Accusation will be 2 copies of a Notice of Defense. Many licensees receive these documents, take no action in the pending 15 days and automatically lose their license. Why? Perhaps because they do not understand that they will automatically lose their license if they do not file a Notice of Defense before the 15 day deadline.
To preserve your right to an administrative hearing you must file a Notice of Defense within 15 days of services. To be safe, file your Notice of Defense within 15 days of the date of mailing, not the date you received it.