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

  • 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

  • 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.

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