Los Angeles, CA asked in Appeals / Appellate Law, Education Law and Gov & Administrative Law for California

Q: I won my Admin. Law Hearing but the state Agency did not adopted the "proposed decision by the ALJ. Whatare my options

What are my options after agency decided no to adopt the proposed decision. Can i appeal to superior court

2 Lawyer Answers

Louis George Fazzi

Answered
  • Jess Ranch, CA
  • Licensed in California

A: The paperwork you should have received regarding the agency's decision should describe your rights in the event you disagree with their decision. Typically this includes the right to file a petition for a writ of mandate in the superior court. Make sure you note the last date on which you can file your petition or other appeal as described in the notice provided you. There is usually a very strict timeline within which you must act or forever lose your right for further review.

Samuel E Spital

Answered
  • Appeals & Appellate Lawyer
  • San Diego, CA
  • Licensed in California

A: There are strict time deadlines in appealing a Decision by the State Board, Bureau or Department that issued your professional or occupational license. You would be well advised to obtain legal advice to provide you with the alternatives and options, such as filing a Petition for Reconsideration and/or a Superior Court Writ.

Of course, a state agency has wide discretion in deciding whether to adopt or non-adopt a Proposed Decision by the Administrative Law Judge hearing the case. When choosing to file an appeal, one needs to consider the nature and extent of evidence presented both by the prosecution, and the defense on your behalf. You will need to obtain the "transcript" or record of oral and written evidence at the hearing to review and analyze whether the findings and conclusions of law are supported by the facts and the law. Evidence might have been improperly admitted and/or wrongly excluded.

Essentially, whether it is the task of presenting evidence at a hearing or filing an appeal, it is challenging for an individual who is not well versed in Administrative Law.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.