Where can someone dispute getting their CNA license revoked in California?
A friend of mine is looking at getting her license revoked from the state of CA because she had taken her 15 year old grand-daughter to work with her and the granddaughter waited for her in the car. Someone reported the incident and she is now being threatened to have her license revoked. Is there a way to fight this? If so, how and where?
Answers:
She cannot be required to dispute in order to keep her CNA license. Rather it's the other way around and it's the revoker (err..revocationer) who would be required to dispute it. Under the California Constitution we are guaranteed due process prior to the deprivations of any of our rights including licensed employment. She must be notified her CNA license is being contested (typically with the date and location) and be provided a revocation hearing. I am unaware if CNA license revocations are judicial or administrative but I presume administrative. If an administrative hearing was held without her knowledge or if her CNA license was revoked in the first instance and told she needs to fight to get it back then this is constitutionally unlawful and she may have to file a suit (best to contact a lawyer).
But it appears she still has her CNA license and it hasn't been revoked yet. I imagine she received some kind of to be determined letter. She shouldn't waive any appearances, she needs to be there during the decision. If the someone who reported the incident is an agent of the health bureau, or whatever it is that issues these things, then I would bet this someone's testimony will be admitted under the business record exception to the hearsay rule. However if let us say Mr. Dudelydonowrong, who is not an officer or employee of the health bureau, came along and for his Samaritan merit badge or do-gooder bonus points or for whatever reason reports the incident and a record of this is admitted instead of Mr. Dudelydonowrong personally testifying then you need to make a hearsay objection. They will have to prove to her that this Mr. Dudelydonowrong person really exist by getting him in there or find another reason to revoke her. It doesn't sound like there would be anything else to defend against. If it were me I wouldn't even bother defending myself. I like to play offensive, force them to defend their accusations until there is nothing of it left.
I wish you both the best of luck.
P.S. You know if licenses didn't exist in the first place then we wouldn't be in this situation in the first place, because she could of drove herself to the local Chuck E. Cheese's! ;-p
To be continued…
She should start by contacting the state licensing board, or whoever she sends her money to when she gets her license renewed .
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Answers:
She cannot be required to dispute in order to keep her CNA license. Rather it's the other way around and it's the revoker (err..revocationer) who would be required to dispute it. Under the California Constitution we are guaranteed due process prior to the deprivations of any of our rights including licensed employment. She must be notified her CNA license is being contested (typically with the date and location) and be provided a revocation hearing. I am unaware if CNA license revocations are judicial or administrative but I presume administrative. If an administrative hearing was held without her knowledge or if her CNA license was revoked in the first instance and told she needs to fight to get it back then this is constitutionally unlawful and she may have to file a suit (best to contact a lawyer).
But it appears she still has her CNA license and it hasn't been revoked yet. I imagine she received some kind of to be determined letter. She shouldn't waive any appearances, she needs to be there during the decision. If the someone who reported the incident is an agent of the health bureau, or whatever it is that issues these things, then I would bet this someone's testimony will be admitted under the business record exception to the hearsay rule. However if let us say Mr. Dudelydonowrong, who is not an officer or employee of the health bureau, came along and for his Samaritan merit badge or do-gooder bonus points or for whatever reason reports the incident and a record of this is admitted instead of Mr. Dudelydonowrong personally testifying then you need to make a hearsay objection. They will have to prove to her that this Mr. Dudelydonowrong person really exist by getting him in there or find another reason to revoke her. It doesn't sound like there would be anything else to defend against. If it were me I wouldn't even bother defending myself. I like to play offensive, force them to defend their accusations until there is nothing of it left.
I wish you both the best of luck.
P.S. You know if licenses didn't exist in the first place then we wouldn't be in this situation in the first place, because she could of drove herself to the local Chuck E. Cheese's! ;-p
To be continued…
She should start by contacting the state licensing board, or whoever she sends her money to when she gets her license renewed .
The Answers post by the user, for information only, FreeLawAnswer does not guarantee the right.
Answer question:
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