Investigation
If further investigation is warranted, additional information is gathered and the complaint is forwarded to the Department of Consumer Affairs, Division of Investigations (DOI), for a comprehensive investigation. DOI investigators are sworn peace officers who conduct interviews, gather evidence, submit reports, and refer cases to the District Attorney's Office if they determine a crime has been committed.
When an investigation is completed, the investigator submits a written report of the findings to the BRN for review. If no violation can be substantiated, the case is closed and the complainant is notified.
Legal Action
If the investigation finds evidence that the nurse has committed a minor violation and the violation does not warrant formal disciplinary action, the case is handled through an informal process - the BRN Citation and Fine System. Under this system, the Executive Officer is authorized to issue citations and fines for minor violations of the Nursing Practice Act. A nurse may contest the citation and fine through an informal or formal appeal process.
If the investigation finds evidence that the nurse has violated the Nursing Practice Act and the violation warrants formal disciplinary action, the case is forwarded to the Attorney General's Office for review. If there is sufficient evidence, an accusation, which is a legal document that lists the charges, is prepared and sent to the nurse. The nurse will be given an opportunity to dispute the charges at an administrative hearing.
This hearing is an administrative proceeding that closely resembles a court trial. In some cases, the BRN may negotiate a stipulated agreement to resolve the case in lieu of a hearing. In this agreement, the nurse admits specific charges and agrees to the proposed disciplinary action. After the hearing, the Administrative Law Judge writes a proposed decision. The proposed decision is then sent to the nine-member Board for consideration. These members make the final decision on disciplinary matters and can either adopt, modify, or reject the proposed decision.
San Francisco Bay Area Communities We Serve
The firm's DUI lawyers and DUI attorneys service the following cities and counties as well as the entire Bay Area:
Contact Information
Robert Tayac has been helping professionals charged with DUI in San Francisco and the surrounding Bay Area communities for well over two decades. If you retain Robert Tayac to handle your case, you will know that you are retaining the services of a knowledgeable, experienced, and trustworthy lawyer.
Contact the Law Office of Robert Tayac for your free case evaluation!