Sacramento Law Group

Notice of Defense

Filing a timely notice of defense preserves your right to an Administrative Hearing after receiving an Accusation or Denial of an initial nursing license application. If a Notice of Defense is not timely filed the Board of Nursing will find you in default. In turn, the Board of Nursing will take action without further hearing, often resulting in the revocation or denial of the license.

The Deadline

MANY respondents wait too long to file a Notice of Defense and thereby lose their license without a hearing. There is a strict deadline to file a Notice of Defense per Government Code 11506.

ยง 11506. Filing of notice of defense; Contents; Right to hearing on the merits

(a) Within 15 days after service of the accusation the respondent may file with the agency a notice of defense in which the respondent may:
(1) Request a hearing.
…
(c) The respondent shall be entitled to a hearing on the merits if the respondent files a notice of defense, and the notice shall be deemed a specific denial of all parts of the accusation not expressly admitted. Failure to file a notice of defense shall constitute a waiver of respondent’s right to a hearing…
(d) The notice of defense shall be in writing signed by or on behalf of the respondent and shall state the respondent’s mailing address. It need not be verified or follow any particular form.
(e) As used in this section, “file,” “files,” “filed,” or “filing” means “delivered or mailed” to the agency as provided in Section 11505.

If you need to file a Notice of Defense call nursing license defense attorney Michael Benavides at (916) 587-1003.

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