Law Offices of John Michael Jensen

Administrative Hearings

John Jensen has successfully litigated many high-profile and challenging administrative hearings before Administrative Law Judges (ALJ) and the Office of Administrative Hearings (OAH) in Los Angeles, Oakland, and Sacramento.

Parallel Administrative Proceedings with Civil or Criminal Proceedings

Parallel Administrative Proceedings with Civil or Criminal Proceedings

John Jensen has successfully managed several parallel proceedings that involved a common or overlapping set of facts but which were raised in simultaneous or successive investigations or separate criminal, civil, and administrative proceedings.

Parallel or concurrent proceedings can be challenging and complex when they are commenced by different agencies, different branches of government or private litigants.

Several of the administrative hearings that John Jensen has litigated in the OAH involved concurrent investigations, prosecution or litigation with pending criminal or civil matters in Superior Court. John Jensen was responsible for the administrative matter while working closely with the attorney who represented the client in the criminal or civil matter.

Concurrent litigation can be especially complicated and fraught as the government can try to use evidence gathered in one proceeding and admit it in another proceeding.

For more information about concurrent or parallel proceedings, please click here.

Some of the Agencies That Bring Administrative Hearings in the OAH (With Links to Agency)

• Air Resources Board
• Athletic Commission
• Board for Professional Engineers, Land Surveyors and Geologist
• Board of Accountancy
• Board of Barbering and Cosmetology
• Board of Chiropractic Examiners
• Board of Education
• Board of Equalization
• Board of Forestry and Fire Protection
• Board of Occupational Therapy
• Board of Optometry
• Board of Parole Hearings
• Board of Pilot Commissioners
• Board of Psychology
• Board of Registered Nursing
• Board of State and Community Corrections
• Building Standards Commission
• Bureau for Private Postsecondary Education
• Bureau of Automotive Repair
• Bureau of Household Goods and Services
• Bureau of Real Estate Appraisers
• Bureau of Security and Investigative Services
• Bureau of State Audits
• California Alternative Energy and Advanced Transportation Financing Authority
• California Apprenticeship Council
• California Architects Board
• California Blueberry Commission [copy and paste this link: http://www.calblueberry.org/]
• California Debt Limit Allocation Committee
• California Emergency Management Agency
• California Energy Commission
• California Film Commission
• California Gambling Control Commission [copy and paste this link: http://www.cgcc.ca.gov/]
• California Highway Patrol
• California Horse Racing Board
• California Institute for Regenerative Medicine
• California Pollution Control Financing Authority
• California School Finance Authority
• California Student Aid Commission
• California Tax Credit Allocation Committee
• Commission on Peace Officer Standards and Training
• Commission on State Mandates
• Commission on Teacher Credentialing
• Contractors State License Board
• Court Reporters Board of California
• Del Mar Race Track Authority
• Delta Stewardship Council
• Dental Board of California
• Dental Hygiene Committee of California
• Department of Child Support Services
• Department of Conservation
• Department of Consumer Affairs
• Department of Corrections and Rehabilitation
• Department of Developmental Services
• Department of Fair Employment and Housing
• Department of Fish and Game
• Department of Food and Agriculture
• Department of Health Care Access and Information
• Department of Health Care Services
• Department of Housing and Community Development
• Department of Industrial Relations
• Department of Insurance
• Department of Justice
• Department of Managed Health Care
• Department of Mental Health
• Department of Motor Vehicles
• Department of Pesticide Regulation
• Department of Public Health
• Department of Real Estate
• Department of Resources Recycling and Recovery
• Department of Social Services
• Department of Toxic Substances Control
• Department of Transportation
• Department of Water Resources
• Division of Juvenile Justice
• Division of Workers Compensation
• Employment Development Department
• Employment Training Panel
• Environmental Protection Agency
• Fair Political Practices Commission
• Fish and Game Commission
• Franchise Tax Board
• Managed Risk Medical Insurance Board
• Medical Board of California
• New Motor Vehicle Board
• Occupational Safety and Health Standards Board
• Occupational Safety and Health (Cal-OSHA) Division
• Office of Administrative Law
• Office of Environmental Health Hazard Assessment
• Office of Public School Construction
• Office of Spill Prevention and Response
• Office of Statewide Health Planning and Development
• Office of the State Fire Marshal
• Physical Therapy Board of California
• Prison Industry Authority
• Public Employees Retirement System
• Public Utilities Commission
• Sacramento-San Joaquin Delta Conservancy [copy and paste this link: http://deltaconservancy.ca.gov/]
• Secretary of State
• Sierra Nevada Conservancy
• San Francisco Bay Conservation and Development Commission
• Speech-Language Pathology and Audiology and Hearing Aid Dispensers Board
• State Mining and Geology Board
• State Personnel Board
• State Treasurer
• State Water Resources Control Board
• Superintendent of Public Instruction
• Veterinary Medical Board
• Victim Compensation and Government Claims Board

Administrative Disputes

Administrative Disputes

In California, where there is disagreement with an action intended to be taken by certain government agencies against an individual or business, a hearing before OAH may be requested.  Typically, this occurs when an agency seeks to discipline one of its licensees.  For example, all hearings before the Medical Board of California involving physician discipline are conducted before an OAH ALJ.   Similarly, the Department of Social Services prosecutes actions to regulate licensed day care or residential facilities before OAH when complaints of abuse or neglect are brought to its attention.  And many cities and counties contract with OAH to hear employee discipline and disability retirement appeals.

Administrative Procedures Act (APA)

Administrative Procedures Act (APA)

Many of the larger California state agencies are subject to the Administrative Procedures Act (APA). Under the APA, an Administrative Law Judge (ALJ) from the State Office of Administrative Hearings initially hears the administrative dispute.

In the process, we write briefs, elicit testimony, examine witnesses, and produce a record, laying the groundwork facts, arguments, and issues for the current dispute. In any appeal, the administrative process is an important foundation to the resolution of many disputes.

John Michael Jensen has successfully resolved issues involving California Public Employees’ Retirement System (CalPERS), the California State Department of Health Services, and state and local government entities.

In formal administrative proceedings involving the state government, issues involving statutory or contractual interpretation usually arise.

Administrative Hearing Process

The administrative hearing process in California is a key component of the regulatory enforcement and compliance system. It allows for disputes involving regulatory agencies and the individuals or entities they regulate to be resolved without going to court. This process is governed by the California Administrative Procedure Act (APA), which sets out the procedures for administrative hearings.

Here’s an overview of the process under the APA:

1. Initiation of the Process:
   • The process usually starts when an agency takes action or intends to take action against a party, such as issuing a citation, denying a permit, or seeking to discipline a licensee.
   • The individual or entity (respondent) receives a notice of the action, which includes a statement of issues, the legal authority and jurisdiction under which the hearing is to be held, and a statement of the legal and factual basis for the action.
2. Pre-Hearing Procedures:
   • The respondent may have the opportunity to file a notice of defense and engage in discovery, similar to the pre-trial process in civil litigation, though discovery is often more limited in administrative proceedings.
   • Settlement discussions or negotiations may take place in an attempt to resolve the issue without a formal hearing.
3. The Hearing:
   • Administrative hearings are generally less formal than court trials. They are presided over by an administrative law judge (ALJ) from the Office of Administrative Hearings (OAH) or, in some cases, by a panel or an individual from within the agency.
   • The hearing allows both parties to present evidence, call witnesses, and make arguments. The rules of evidence are often more relaxed compared to a courtroom setting.
   • The ALJ has the power to issue subpoenas, rule on evidence, and make decisions on the record.
4. Decision:
   • After the hearing, the ALJ issues a proposed decision that includes findings of fact and conclusions of law. For some agencies, this proposed decision is final unless the agency decides to review it.
   • In other cases, the proposed decision is submitted to the agency’s decision-making body, which can adopt, modify, or reject the ALJ’s decision or return it for further consideration.
5. Post-Hearing Procedures:
   • Parties may file exceptions to the ALJ’s proposed decision and have the opportunity to present oral and written arguments to the agency’s decision-making body.
   • The final decision of the agency can typically be appealed to the Superior Court through a petition for writ of administrative mandamus.

Typical Matters Heard in Administrative Hearings:

• Professional Licensing: Disputes regarding the issuance, renewal, or discipline of professional licenses, such as for physicians, nurses, real estate agents, and lawyers.
• Environmental Regulations: Issues concerning compliance with environmental standards and permits, including air and water quality, and waste management.
• Employment Disputes: Matters involving state employees and their employment, including disciplinary actions and dismissals.
• Public Benefits: Disputes over the provision of social services and benefits, such as welfare, unemployment insurance, and public health programs.
• Business Regulation: Enforcement actions concerning business operations, such as compliance with health and safety regulations.
• Consumer Protection: Cases involving consumer rights and protection, including fraud investigations and unfair business practices.

Who is Involved:

• Administrative Law Judge (ALJ): A neutral decision-maker who conducts the hearing.
• Agency Representatives: Attorneys or other officials representing the regulatory agency.
• Respondent (or Applicant): The individual or entity that is subject to the regulatory action or is seeking a benefit from the agency.
• Witnesses: Individuals who provide testimony related to the matters at hand.
• Legal Counsel: Attorneys representing the interests of the respondent or applicant.

An example would be a physician facing disciplinary action by the Medical Board of California due to alleged misconduct. The administrative hearing process would be used to determine whether the physician violated medical standards and what the consequences might be.

The administrative hearing process serves as a critical mechanism for upholding regulatory standards and protecting public interests while also ensuring that the rights of individuals and businesses are respected.

Some of the Agencies That Bring Administrative Hearings in the OAH

Agencies That Bring Administrative Hearings in the OAH