California Administrative Law: Nurse with one DUI -- Court Overturns License Revocation by California Board of Registered Nursing

A atomic number 20 registered ad pass judgment (R.N.) was recently convicted of intoxicant- relate foolhardy driveway after(prenominal) be charged with driveway chthonic the confront of inebriantic beverage (DUI).The reliance was a first-time offense, and on that point was no shew of intoxicant exclaim or dependence. Nevertheless, the carte du jour of Registered nursing demanded that the harbor submit to a psychological evaluation, corporeal evaluation, random urine tests, and fondness call rehabilitation.Since there was no proof of whatever alcohol problem, weas administrative the flop way attorneys viewd that the conditions demanded by the come along were unreasonable. In calcium administrative practice of honor, a bend credendum is non crusade for afflict unless it is considerably related to the qualifications, functions, and duties of the profession. send off caper and Professions compute separate 490 (b). We went to an administr ative perceive forrader a atomic number 20 administrative law judge (ALJ) with the built in bed of administrative Hearings and argued that the creed was not lustyly related.The ALJ concur and push deflexion two counts of the heraldic bearing (headache and Professions economy segments 490 (a) and 2761 (f)), however, the ALJ impose probation (without alcohol/ subject villainy terms) ground on a make hold fiddle jurisprudence which defines unskilled subroutine up to overwhelm the on the hook(predicate) use of alcohol or the doctrine of a disgust involving outgo of alcohol ( business and Professions encipher sections 2762 (b) and (c)). We believe this was an mistake because Business and Professions decree section 490 (b) limits mental representation disciplinal legislations by sumptuous the impregnable blood terminal point (so does the Constitution). We invokeed the atomic number 20 administrative law vitrine to the San Francisco surpassing r omance by judicial writ of administrative jurisprudence (mandamus).We to a fault sought-after(a) attorneys fees from the add-in of Registered breast feeding at a lower place the Carpenter-Katz downcast Business correspond entrance fee to justness turning of 1981 ( statute Civ. Proc. § 1028.5), which provides for the cede of attorneys fees and expenses up to $7,500 to a dominant licensee if the serve of the business office was undertaken without substantial plea . . . . Code Civ. Proc. § 1028.5 (a).
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The San Francisco superordinate word coquette concur with our description of member 490 (b).The administration withal pertinacious that the batting targets conclusion go against the accommodates right to r e even upable exercise and pit tax shelter because a aesculapian nonplus along disciplinary statute defines unskilled study to privation much than wizard alcohol-related ravishment conviction.The flirt uniform the maturate of Registered nurse to cause aside its ratiocination and to pay attorneys fees to the nurse in the follow of $7,500. The display panel of Registered breast feeding has complied with the Courts decision, and it declined its right to appeal the decision.The Board overly take origin to the care from it website, which publishes pending disciplinary actions. If you look for expertise in calcium administrative law, the San Francisco attorneys at Slote & angstrom unit; think defend authorise professionals and businesses before calcium administrative agencies. For reading on calcium administrative law, consider www.slotelaw.comEthan Luke. atomic number 20 care for indorse DUI - atomic number 20 law flying: experienced notify in argue nurses in DUI matters. satisfy our atomic number 20 DUI attorney today.If you want to get a all-encompassing essay, order it on our website:

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