Mr. Mubasher cares deeply about the time, spirit and money you have personally invested in your license, and will help you exercise your due process rights. Mr. Mubasher focuses his practice on the healthcare professions.
- Medical Board of California
- Osteopathic Board of California
- California Board of Registered Nursing
- California Board of Pharmacy
- California Dental Board
- California Veterinary Medical Board
- California Board of Psychology
Mr. Mubasher handles all phases of license defense.
Investigations by the Department of Consumer Affairs
Application Denial and Application Assistance
If a license or application is denied or has charges filed against it, the licensee or applicant faces an Accusation or a Statement of Issues. A "Notice of Defense" must be prepared for immediately.
An Administrative Hearing is a Trial, with an Administrative Law Judge (ALJ), a government attorney, a court reporter, expert witnesses and exhibits. There is no jury and unlike criminal courts where you have the right to remain silent, you must not remain silent, or that WILL be used against you.
Petitions for Reconsideration
After the hearing, a Board will convene to decide if it adopts the decision made by the Board. Even if the ALJ agrees with your position, the Board may "Non-Adopt" the ALJ's decision and render its own decision. Once it does so, you have a limited amount of time to ask for "Reconsideration." You may do so informally, but it is best to get an attorney who knows how the Boards think. A Petition for Reconsideration denial need not even have a statement of decision or reasoning with the denial. If you are denied a Petition for Reconsideration, you will have a very limited window in which to appeal.
Writ of Administrative Mandamus
This is performed when you have an adverse decision at the hearing level whether or not you have used a petition for reconsideration. You will typically have about 30 days to file a Petition for Writ of Administrative Mandamus otherwise known as a 1094.5 Writ from the date of final order. You may also have the option of filing a General Writ of Mandate otherwise known as a 1085 Writ. You may even file both a 1094.5 and a 1085! The Writ will be filed in superior court and the judge there will have an opportunity to review the entire record for an abuse of discretion. It is imperative to acquire the entire hearing level record in preparation for a writ. Keep in mind that even if you win the writ, and the ALJ is commanded to vacate the decision at the hearing level, the Board may STILL "Non-Adopt" the new decision! It is crucial to obtain an experienced attorney who will know how to best fight for your rights in this elusive area!
Petitions for Reinstatement
A license is never truly revoked permanently. A former licensee may Petition for Reinstatement one to three years after they lose their license, and will usually have to file a strong petition showing rehabilitation. A new hearing under an ALJ may be heard, with opposition by the Board. It is in your best interest to acquire counsel who is familiar with the Board's application requirements, and who will be able to assist you to present your Petition for Reinstatement in the best light possible.