What weight should the ALJ give to a declaration when the witness refuses to testify under oath? Is this a hearsay evidence?

In an administrative hearing involving a public employee discipline, the agency who had the burden of proof, prepared a declaration under the penalty of perjury for a witness in lieu of a direct testimony. The declaration is basically nothing but an attempt to authenticate an investigation report that the witness had no role in its preparation (the witness was the complaining party in this investigation report). While this witness did not testify, the employee subject of the discipline took the stand and refuted the allegations made by this witness and provided evidentiary documents to show that the allegations were not true. The rule of the forum is that a hearsay is admissible but insufficient to establish a fact and the employee vigorously objected to the admission of the declaration.

Nathan’s Answer

Administrative hearsay cannot be the basis for which an ALJ premises a finding. However, if it is not objected to, an ALJ may let the evidence in and premise a finding upon it. If it was indeed "vigorously objected to" and the evidence was admitted nonetheless, if the ALJ makes findings that would have been made even without this particular evidence, chances are good that you will not be able to overcome. Please seek experienced counsel to assess on the microscopic level.

Will any lawyer take my case pro-bono ?

I have been placed on an interim suspension by an administrative agency for a complaint that was filed against my professional license. If I can not work how can I pay for legal defense?On top of that administrative agencies have strict deadlines that are to be followed.Please if anyone can help I would greatly appreciate it.Even if it's just an hour or 2 to walk me through the steps to help me defend myself I would greatly appreciate the assistance.

Nathan’s Answer

An interim suspension might be the first action against a license with an administrative accusation to follow, seeking to revoke the license, and if there was criminal activity involved, possible criminal charges and prosecution. Now is not the time to skimp on fees.

WHAT DO I DO IF I CANT AFFORD A ATTORNEY TO REPRESENT ME IN AN ADMINISTRATIVE HEARING

I AM A CERTIFIED MASSAGE THERAPIST IN CA.THE BOARD THE HANDLES LICENSING IS CALLED THE CALIFORNIA MASSAGE THERAPY COUNCIL OR C.A.M.T.C. NOW I WAS PLACED ON A INTERIM SUSPENSION DUE TO A FALSE ALLEGATION MADE BY A CLIENT.THE ALLEGATION WAS THAT I HAD KISSED HER AT THE END OF A MASSAGE.NOW THE CAMTC IS TRYING TO REVOKE MY LICENSE.what should I Do?

Nathan’s Answer

An interim suspension is the first step before an accusation is filed where the administrative agency will try to revoke your license. If you cannot afford an attorney, one will not be appointed as administrative actions are not criminal actions. You will need to take a cash advance, loan, or borrow if you want a robust defense. Otherwise, you can learn the administrative codes and defend yourself. These matters are difficult enough with attorney representation - I do not recommend you defend yourself if you can obtain counsel.

How much do attorneys typically charge for acdmv hearing?

I have emailed multiple attorneys and have not gotten any responses.

Nathan’s Answer

$500 sound reasonable but it may be more depending on the complexity of your facts.

Sorry, no results matched your search for “can a county hospital force a woman to stay in the same room as a young man?”

I was admitted to a horrid county hospital for trauma. I ended up in a shared room with a young man 1/3 my age. He kept making noise and pulling the curtain between us to see me. It was distressing and uncomfortable.

Is there a law that was broken? It seems that in the ver least, this is highly inappropriate.

Nathan’s Answer

Did you report this issue? Next time, and hopefully there isn't a next time, you may want to consider asking to move rooms, or to have that patient moved to another room. Hospitals are high traffic areas full of stress, so it is reasonable to expect that this issue comes up often. But each case is different. Did this individual commit intentional torts such as assault, battery, false imprisonment, and/or intentional infliction of emotional distress? Not particularly likely. Did they commit a crime? It is unclear since more facts would be needed. Consider that this individual may be judgment proof if they are unable to pay even if a judgment was levied against them. Also consider they may have been on drugs or mentally unstable. If there is a cause of action, the hospital may be responsible to some degree as California in the past has put the onus on hospitals to protect doctors and patients from other patients under the totality of the circumstances.

In California can license security guards who work as bouncers at bar/ night club carry batons or pepper spray?

In California can license security be equipped with batons or pepper spray. I work security for a bar and am license and I can't find anything on state law if bouncers can have pepper or batons

Nathan’s Answer

Private patrol security companies can be contracted by a bar, and the guards provided can under authority of their licensing board, carry and use certain chemical and impact weapons. However, security guards hired directly by the bar, can create huge liabilities for the bar if excessive force is used. So instead of the bar being sued, with the bar then suing the private patrol security company, a bouncer who is hired directly by the bar causes a situation where the bar is ultimately liable. As a result, bars are keen on allowing direct hires to use weaponry which may cause huge civil liabilities, along with criminal liabilities as well. Thus, it may be more a matter of economics rather than just purely law, that controls how and/or why a direct hire bouncer can be armed.

How do I seal my juvenile medical records

I need to seal a 5250 on my juvenile record

Nathan’s Answer

There is no formal procedure for sealing a 5250. That being said, some enterprising attorney may have already filed a civil petition in the county seat to seal such a record. The more important question is why do you want the record sealed? Whatever you are applying to or for may have a mental health waiver. If that does not work, you may want to seek a second diagnosis from a reputable doctor and if the results come back with you possibly having been misdiagnosed by the first psychiatrist/psychologist, that would be of good use. Also, you may want to inspect whether all certification requirements for the 5250 were adhered to. If not, that may be additional ammunition in any civil petition.

We are firing the attorney and filing a complaint with the bar. Should I include copiies of all the j juveniles info the attorn

Attorney gave to us as well as the juveniles testimony and deal the said juvinile made on the grounds that he cooperate with D.A. and if so can it compromise my sons defense for pc187?

Nathan’s Answer

http://www.avvo.com/legal-answers/we-are-firing-the-attorney-and-filing-a-complaint--1998327.html

We are firing the attorney and filing a complaint with the bar. Should I include copiies of all the j juveniles info the attorn

Attorney gave to us as well as the juveniles testimony and deal the said juvinile made on the grounds that he cooperate with D.A. and if so can it compromise my sons defense for pc187?

Nathan’s Answer

ON such a serious charge related to your son's defense, it would be wise to limit disclosure of any information that could implicate him further even if that information is going to the State Bar. In other words, you should consult with an ethics attorney who can research your specific facts and advise you on the specifics of what to send to any regulating entity.

Do I need a discrimination lawyer

I went in to my rite aid to fill my prescription, they didn't have it in stock. They told me any rite aid will fill it. I went home in pain, called rite aid in Clovis/ kings canyon. Where a lady pharmacist told me that the could not disclosed the type of meds they had in the store but if I came in they would fill it. We drive to rite aid, I go to the pharmacy window the main pharmacist took a look at the prescription and then look at me up and down and told me he will not fill my prescription because there meds is only for the regular people that come to that store. I said to him " are you for real". He said yes. And to go to my normal rite aid and the can order me some. After walking away in pain and in stock that the pharmacist looks and how he made me feel.

Nathan’s Answer

There have been major crackdowns by the DEA around the United States, (Rite-Aid has paid millions in fines) and announcements have just been made that other major pharmacies in California are now under investigation for ordering way too many opiates. Some companies have policies where they won't fill a prescription if others have been filled within a certain recent time period). This is dangerous because denial of a drug can cause physical damage, and sometimes death, to a patient. Depending on your facts, discrimination law might be implicated, but far more likely, an American with Disabilities Act violation may be at play, along with professional malpractice. CA specifically requires pharmacies dispense medications to patients in need. Consult with an attorney if this issue is an important one for you.