| Licensing law is a very
unique and specialized area of legal practice. It is not yet
recognized as a distinct specialty area of practice in the
law such as Family Law, Criminal Law or Appellate Practice.
One of the reasons for this is there are very few attorneys
who have the unique education, training, experience and
supervision to practice in this area of law. Most of
licensing law takes place in the legal domain called
administrative law. Just as in civil litigation or criminal
there are individual statutes and regulations that govern
how cases are handled. But despite the fact that few lawyers
specialize or practice in licensing it affects virtually
every human being in the United States. In California, most
licenses to practice a profession or trade come under the
domain of a huge agency called the Department of Consumer
Affairs (DCA) (www.dca.ca.gov).
Every state in the nation has an equivalent organization
that oversees licensure. Dr. Ebert works with other lawyers
and has an office near the California State Capitol
Building.

The DCA covers various
licensing boards such as psychologists (The Board of
Psychology), marriage and family therapists. social workers,
licensed educational psychologists (The Board of Behavioral
Sciences), physicians of every specialty including
psychiatrists (The Medical Board of California), nurses,
osteopaths, dentists, accountants, cosmetologists,
contractors, mechanics, acupuncturists, architects, court
reporters, geologists, hearing aid dispensers, naturopaths,
optometrists, podiatrists, physical therapists, pharmacists,
speech pathologists, veterinarians and others. In fact, in
California alone there are 2,000,000.00 licensees and that
does not include lawyers who are governed by a separate
entity called the State Bar of California.
Dr. Ebert specializes in
licensing law. He got his initial training when he was part
of the California Coalition of Rape Crisis Centers in the
1970s, then while working for the California Psychological
Association (CPA) in which he interacted with legislators
and their staff on a variety of issues pertinent to mental
health professionals. From there he served on the ethics
committee of CPA dealing with ethics complaints against
psychologists. He obtained vast experience in licensing law
when was appointed to the California Board of Psychology
(BOP), the largest regulatory board in the world for
psychologists. Dr. Ebert learned about all aspects of the
BOP and licensing law from dealing with the initial steps a
person takes to become licensed, reviewing credentials and
training along with supervised professional experience,
drafting regulations and presiding over regulatory hearings,
dealing with setting policy and strategic planning,
interacting with legislators and the Governors staff as well
as dealing with thousands of complaints over the years.
During his time on the BOP, he was able to serve an
unprecedented five terms as the President of the Board. For
various reasons he kept every pleading, case summary,
settlement documents and all relevant disciplinary materials
during his lengthy time of the BOP. Moreover, Dr. Ebert was
selected by the executive staff to take leadership roles in
DCA that allowed him to interact with many boards and
commissions such as the Board of Behavioral Sciences and the
Medical Board of California. He also even performed
evaluations for the nursing board. His offices are in Placer
County, home of one of the most beautiful courthouses in the
country.

Like many areas
of law, experience counts as does creativity, understanding
of tactics and strategy of the field, knowledge of the
specific sections of applicable law, an understanding of the
field where the professional is facing a problem (e.g.
physician) and knowing other legal experts in the field. Dr.
Ebert is involved dealing with professionals most often when
a member of the public filed a complaint. At that particular
stage the professional gets a Letter of Inquiry of a
Complaint Letter requiring a response in a very short period
of time. If the case is not resolved at this level, the
matter may lose its confidentiality and the licensing Board
may file an Accusation which is a public document somewhat
like an indictment. There are very precise procedures
following an Accusation that the attorney must know in order
to properly defend the client. Cases even go to trial before
an administrative law judge following a set of rules called
the Administrative Procedure Act which is part of California
law at California Government Code § 11340 et. seq. at
www.oal.ca.gov. Professionals facing a trial may call
witnesses, cross examine every witness called by the
licensing board, call experts and offer a variety of types
of evidence. In trial there tends to be relaxed rules of
evidence such as allowing hearsay as evidence in proceedings
against a professional. After the trial the Judge issues a
decision that goes back to the licensing board for adoption
versus non-adoption. Dr. Ebert has experience dealing with
many cases at that level. Professionals are entitled to an
appeal through a process called a writ of mandamus and may
take a case all the way to the U.S. Supreme Court if
appropriate.
Dr. Ebert has represented
many different types of professionals including
psychologists, marriage and family therapists, social
workers, physicians, nurses and other licensed persons to
include trainees in a variety of proceedings ranging from
attempts to be allowed to sit for a licensing examination
through defense of the most serious charges against a
professional. As noted above professionals may call expert
witnesses in their defense. Dr. Ebert has a very broad base
of connections with hundreds of experts who can assist a
professional charged with a violation of a regulation,
statute or ethical standard. In addition, he is especially
adept at cross examination of opposing experts.
Another aspect of licensing
law Dr. Ebert emphasizes is prevention; prevention of
serious complaints or allegations of violations of statutes,
regulations or ethical standards. In this regard he
regularly consults with professionals in order to assist
them in conforming their practice to the requirements of law
whether it entails use of various forms to resolving
differences between a difficult patient and the provider or
how to respond to a subpoena. So although there may be
various attorneys who are willing to tackle a licensing case
and do it cheaply Dr. Ebert is in the small group of experts
who devote a great deal of his time working on licensing
cases. There are many websites that can be helpful in
licensing law. A few of them are listed below.*
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