Administrative Law Hearings: A Beginner’s Guide (CA) (Recorded Package)

What You Will Learn

Part 1 Topics

Fundamentals of California Administrative Adjudication–How to Get Your Unhappy Client a Fair Hearing

• The APA–two tiers of administrative adjudication
• The Administrative Adjudication Bill of Rights
• Procedural due process
• Right to a “fair trial” in administrative mandamus

Statute 480 Explained
Mock Hearing Demonstration

Hearings

• An overview of administrative hearings and how matters become hearings
  • Bifurcation
  • Delays
• Depositions, or lack thereof
• Discovery and expert opinion
• Hearsay and the use of reports
• Collateral consequences of administrative decisions

Part 2 Topics

Prehearing Process

• Subpoenas, Third Party Subpoenas, Enforcement Prehearing Conference
• Settlement Conference
• Motions
• Pre-trial briefs
• Admissibility of evidence

Conducting your Hearing

• Credibility of witnesses (including experts)
• How an ALJ views your mitigation strategies
• Presenting rehabilitation and mitigation
• Making your record for an appeal
• Oral versus written closings
• An ALJ (Your jury of one)

Post-Hearing Administrative Proceedings

• Post-hearing briefing
• 100 days of holding your breath … decision adoptions/non-adoptions (Rejections)
• Motions for Reconsideration
• Stays, Penalty Relief, Reinstatement

Exhaustion of Administrative Remedies

• General requirement to exhaust
• Exceptions to exhaustion requirement
• Appeals boards
• Writs or other judicial relief
• SPB / EEOC / FEHC / PERB

Testimonials

“This was incredibly helpful. The practice pointers and mock hearing were the best part.” – Ashleigh Dennis, Esq.

“Excellent presentation.” – Maria Elena Castillo, Esq.

“Good program and good content.” – Peter H. Flournoy, Esq.

“I thought it was absolutely fantastic.” – Ethan Turner, Esq.

“Program was excellent.” – Lawrence E. Wayte, Esq.

“I enjoyed the training.” – Deliesha R. Brown, Esq.

“Excellent.” – Michael K. Pazdernik, Esq.

“It was very interesting.” – Tabitha Bradford, Esq.

“Excellent. Good presentation” – Steven M. Barry, Esq.

“This is exactly what I was looking for!” – Jehan Jayakumar, Esq.

“Terrific speakers and content.” – Michael McGuire, Esq.

“Very well put together. I really liked the speakers.” – Christine Dickson, Esq.

“Good overview and refresher on admin hearings.” – Michelle Ellis, Esq.

Very informative. I thought Majam-Simpson did a good job explaining the basics and breaking it down for individuals who may not know a ton about writs. I really liked the PowerPoints and the chart breaking down the APA. I enjoyed when Asimow talked about the applicability of the cases into practice. It was very helpful.” – Amanda Pertusati, Esq.

“Very thorough presentation and useful handouts.” – Brian C. Unitt, Esq.

“I loved the webinar format — you could see the speaker and the slides at the same time, and the tabs to toggle between questions and materials and to download materials from the webinar rather than having to go back and search through emails. I think this is the best CLE webinar format I have encountered so far (between pre and now COVID world, I have taken PLI, CELA, NELA, and various education law professional association CLE offerings online). Content was excellent; very informative.” – Maha H. Ibrahim, Esq.

“Very thorough coverage on an obscure area that I’m working on for first time.” – Michael A. Miller, Esq.

“Part II was very informative. Great overview of issues re: Admin Writs.”  – Alaina Dickens, Esq.

“Very satisfied.” – Adrienne Hahn, Esq.

“Good program – well put together.” – Christopher Johns, Esq.

“Excellent program, especially Asimow’s portion. I’m handling a writ for the first time and received an incredible amount of helpful information.” – Michael A. Miller, Esq.

“Pincus programs are always great sources of valuable information and this one is no exception. Also, I always appreciate how willing they are to make the programs and materials accessible.” –  Brian C. Unitt, Esq.

“Excellent. The specificity of the Sacramento examples was very practical and helpful — taking it out of the academic and referring to real nuts-and-bolts helpful pdfs/courts to look to, etc.” – Maha H. Ibrahim, Esq.

“Very informative. Good layout.” – Alaina Dickens, Esq.

“This was a great refresher for me regarding California Administrative Law. I am trying to have a general practice and this program allowed me to learn more about Administrative Law and what I might be getting myself into.”

“I was satisfied with the thorough information that was provided and did serve as an effective jumping off point for practice in administrative hearings.”

“Informative and thought-provoking.”

“It’s a good program.  If you don’t know the area (I didn’t before I started working for the agency I work for) this course would be hugely beneficial.”

“I found this program to be beneficial as an update in my law practice.”

“The course provided a great overview of the administrative law hearing process.  I have no experience with this area and wanted a course to give me the basics about the process.”

“Fantastic program, very helpful to me as a newer lawyer in the administrative law field.”

“It was a really informative program, and I really enjoyed the mock evidentiary hearing.”

“I appreciated the detailed admin law information.”

“I thought that the program was informative and engaging.”

“I enjoyed the program and feel it was informative and helpful.”

“Lots of practical information and helpful practice tips.”

“I found the mock hearing very helpful.”

“The speakers were experienced and knowledgeable and presented the information effectively.”

“Fantastic program, all of the speakers were experienced and gave thoughtful responses to questions.”

“The program was informative, and I found the speakers to be very knowledgeable.”

“I really appreciated having a judge’s perspective.”

“I liked the practical aspects presented today on mediation, pre-hearing, hearing, post-hearing, and appeal/writ.”

“I learned a lot of practical skills that I can apply as a defense attorney in administrative law practice.”

“It was a great overview of administrative hearings.”

“I liked the mock demonstration and the specific examples that the speakers gave.”

“This was a really great webinar. I felt it was a good balance of overview with detailed information. I have a much better understanding now of the standards of review, how the APA applies/doesn’t apply, and the basics of writ practice.”

“It was very helpful and well presented.”

“All three speakers were excellent with good PowerPoints that were helpful.”

“Good refresher with some new information added.”

“Very satisfied. Great speakers and time management.”

“Excellent speakers.”

“Detailed and useful samples and handouts.”

“Very informative.”

“Very satisfied. Excellent speakers. Very informative.”

“I would definitely attend another training with Steven Simas. Enjoyed Professor Asimow’s presentation. I really appreciated hearing an ALJ’s point of view. It was a really well-done presentation.”

“Excellent presentation by Professor Asimow! Very thorough and organized. Great speaker. Great professor.”

“Many practice pointers and strong nuts and bolts course! All speakers were excellent.”

“Appreciated Steven Simas’ humor. It livened up the presentation.”

“The course was very informative. Materials were easy to follow.”

“Good presentation with valuable information!”

“Great! Focused on general strategy & procedure.”

“ALJ’s perspective very helpful no matter what area of law we practice.”

“Well done!”

“Provided a lot of substance.”

“Very helpful. ‘Bullet point’ approach conveyed a lot of helpful information.”

“Very good outline, helpful info.”

“Good materials.”

“Compelling speaker.”

“The training was very informative, and I appreciated having 3 speakers go over different aspects of the writs of Administrative Mandamus.  I was satisfied in that I was able to learn about a process I had little knowledge of before. I appreciated the first presenter’s discussion on the basics of writs of administrative mandamus.”

“Super informative. Thank you. Lots of concrete tools, suggestions, things I didn’t know I wasn’t aware of. I found it to be incredibly informative.”

“Excellent as always.”

“The program was very helpful. The explanation of the legal issues, combined to practical scenarios, provided a great working understanding of this area of practice.”

“Always excellent.”

“I like that it was spread over two sessions! Great job.  This was a strong overview of civil writ practice in the superior court. Thanks!”

“The speakers were good. The information was helpful overview of administrative mandamus.”

“Good background on law and standards of review.”

Faculty

Hon. Carla L. Garrett
Former Administrative Law Judge
Judge, Superior Court of California, County of Los Angeles

Hon. Carla L. Garrett has served as a judge for the Superior Court of California, County of Los Angeles, since December 2020.  She was appointed by Governor Gavin Newsom. Judge Garrett is assigned to the Family Law division in Department S14 of the George Deukmejian Courthouse in Long Beach, California.

Prior, Judge Garrett served as an Administrative Law Judge III for the State of California beginning in 2008 after joining the Office of Administrative Hearings (OAH).  She worked in its Special Education Division for more than four years, where she heard matters determining whether children with disabilities were provided with a free and appropriate public education, including the proper educational placement and the appropriate services, all designed to meet the unique needs of each child. 

In April 2013, she served in OAH’s General Jurisdiction Division where she presided over matters for state agencies concerning the issuance or discipline of professional or occupational licenses.  She also heard teacher disciplinary and dismissal matters, county and municipal matters, and cases involving disability and retirement benefits issues.  Additionally, Judge Garrett heard and resolved matters regarding services for individuals with development disabilities.  Moreover, she served on training panels for annual statewide Administrative Law Judge trainings, the most recent of which involved her comprehensive presentation concerning the duty of judges to guard against implicit bias, particularly when assessing witness credibility.

Before joining OAH, Judge Garrett served as Deputy Trial Counsel for the State Bar of California.  She spent more than a decade prosecuting attorneys for professional misconduct.  As a graduate of UCLA, where she received hery bachelor’s degree in psychology in 1985, and of USC Gould School of Law, where she received her juris doctor in 1988, she worked in both large and small firms specializing in business litigation, civil rights, personal injury, and insurance defense. 

Judge Garrett currently serves on the Executive Board of the Association of African American California Judicial Officers (AAACJO) as its Secretary.  The primary objective of AAACJO is to promote diversity, mentoring and advancement in the judiciary.  Its members consist of justices, judges, commissioners, magistrates, and other judicial officers throughout the State of California.  She is also a member of the Los Angeles County Bar Association and serves on its Diversity in the Profession committee and on its Diversity and the Bench subcommittee.  Additionally, she is a member of the California Association of Black Lawyers and its Judicial Council.  Judge Garrett is also a judiciary member of the John M. Langston Bar Association and of the Black Women Lawyers Association of Los Angeles, Inc. 

She also participates in several non-legal community outreach projects.  Specifically, she participates in the Dream Girl Foundation, a non-profit organization designed to help girls and women of all ages understand their worth, overcome negative forces such as abuse, self-doubt, and low self-esteem, and pursue their dreams.  She also participates in Umoja, which is a statewide organization dedicated to enhancing the cultural and educational experiences for community college students of color, and promoting academic success.  In that regard, she conducts workshops at Umoja conferences designed to help students eliminate barriers to their success.  Finally, Judge Garrett, along with a group of dynamic women, periodically hosts a women’s empowerment group, entitled “EmpowHer,” which facilitates and supports the betterment of women.  The group discusses topics affecting women and invites guest speakers to provide guidance in the areas of finances, women’s health, counseling, the law, and others.    

Finally, Judge Garrett is the author of a few novels—Bouncing Back After Dropping the Ball and A Little Child Shall Lead Them—both designed to encourage others to live their best lives.  She also served as the editor of several published works by other authors.

Michael Asimow, Esq.
Dean’s Executive Professor of Law
Santa Clara Law School

Michael Asimow teaches at Santa Clara Law School.  He was previously a long-term visiting professor at Stanford Law School and is a professor of law emeritus at UCLA.   Asimow teaches contracts, administrative law, income tax, and law and popular culture. 

In the area of administrative law, he is a co-author of the California Practice Guide–Administrative Law, published by the Rutter Group.  He also co-authored a law school course book,  State and Federal Administrative Law (5th ed., 2020).  Asimow has written numerous articles on state and federal administrative law as well as comparative administrative law.  He is a consultant to the Administrative Conference of the United States.

Shannon Baker, Esq.
Partner
Rothschild Wishek & Sands LLP

 Ms. Baker’s practice emphasizes defending licensed professionals in administrative hearings and investigations before various state agencies, including the Commission on Teacher Credentialing, Medical Board, Board of Registered Nursing, Department of Insurance, Board of Behavioral Sciences, Board of Accountancy, Veterinary Medical Board, Board of Psychology, Board of Pharmacy, and other professional agencies. Ms. Baker represents teachers and administrators through the California Teachers Association Group Legal Services Program throughout California.

Ms. Baker has also represented those accused of crimes in adult and juvenile courts in Sacramento and Northern California counties. She has defended individuals, businesses, and public officials against a wide array of criminal allegations, ranging from white-collar crimes and regulatory offenses to theft, crimes of violence, and vehicular homicide. Ms. Baker has extensive experience representing individuals accused of sex crimes. She has also represented victims of crimes pursuant to the California Victims’ Bill of Right Act of 2008 (Marsy’s Law). Ms. Baker’s background in criminal law provides a unique benefit to licensed professionals accused of misconduct that has led or could lead to criminal prosecution.

Ms. Baker joined our firm in 2001. She holds a bachelor’s degree in psychology from San Diego State University and earned her Juris Doctor degree from the University of San Diego School of Law. Prior to joining Rothschild Wishek & Sands LLP, Ms. Baker worked at the San Diego County Public Defender’s Office and the San Diego Office of the Alternate Public Defender.

Ms. Baker was selected as a “Rising Star” by the peer-reviewed publication Northern California Super Lawyers. She is a member of the California Attorneys for Criminal Justice Board of Governors and has served as a presenter on a variety of topics in the areas of criminal defense and professional licensing. Ms. Baker frequently provides training to members of the California Teachers Association (CTA) and Defense Investigators Association (DIA).

Lesley Beth Curtis, Esq.
Partner
Langenkamp, Curtis & Price, LLP

Lesley Beth Curtis practices labor and employment law on behalf of unions and employees, and specializes in plaintiff-side labor, employment and education law. She has represented employees in a wide range of employment issues, including in discipline, dismissal, and layoff actions, as well as in appeals of denial of disability benefits and other benefits before private arbitrators, the California State Office of Administrative Hearings, various public boards, the Superior Courts of numerous counties, and the Third District Court of Appeal. She has multiple published Court of Appeal decisions, and has worked to expand the rights of teachers and employees through advocacy. She has also represented private employees in gender discrimination and pregnancy discrimination suits. Ms. Curtis is a California Teachers Association Group Legal Services Attorney, and has defended teachers in layoff, tenure and discipline matters and has enforced the Education Code rights of faculty, teachers and classified aides in a variety of settings.

Education: Ms. Curtis obtained her undergraduate degree from Claremont McKenna College in 1993, where she graduated Phi Beta Kappa, and was awarded the Berger Award for Outstanding Senior Woman and the William H. Alanshah award for Student Leadership.

Ms. Curtis is a 1996 graduate of the King Hall School of Law, University of California at Davis where she was on the Moot Court Team and Moot Court Board. She was selected by the law school as a National Member of the Order of the Barristers for excellence in oral advocacy. Immediately after graduating, Ms. Curtis served as a judicial clerk for the Honorable Elaine Watters of the Sonoma County Superior Court in a multiple defendant capital trial.

Ms. Curtis was admitted to practice in California in December 1996, and is admitted to practice law in the State of California and before the California Federal District Court of the Eastern District of California.

Bryce Gee, Esq.
Partner
Strumwasser & Woocher LLP

Bryce Gee’s practice focuses on government, education, and election law. He represents local governments, public agencies, and public officials in a wide range of matters and has significant experience in litigation over initiative, referendum, and recall measures, candidate statements, and ballot designations and arguments.

Recently, Mr. Gee served as special trial counsel to the California Department of Insurance in a three-year long administrative enforcement action against a health insurer being prosecuted for violating state insurance laws, which resulted in a 3 million penalty imposed on the insurer. Mr. Gee has also advised and represented the City of San Gabriel in a variety of government and election law matters, including serving as special elections counsel to the City in an election contest arising out of the 2013 municipal election and overseeing an independent investigation of the City’s election practices. Other representative cases include Friends of Loma Linda v. Verjil, No. E040974, 2008 WL 3845407 (Cal. Ct. App. Aug. 19, 2008); Preserve Shorecliff Homeowners v. City of San Clemente, 158 Cal. App. 4th 1427 (2008); and Padilla v. Lever, 463 F.3d 1046 (9th Cir. 2006) (en banc).

Mr. Gee has successfully argued in trial and appellate courts and has significant trial experience.

Mr. Gee graduated Phi Beta Kappa from Cornell University with a B.A. in Economics, and received his J.D. from Yale Law School. In law school, he served as an editor and on the admissions committee of the Yale Law Journal.

Robert J. Sullivan, Esq.
Of Counsel
Rothschild Wishek & Sands LLP

Bob Sullivan is a senior litigator with significant trial and appellate experience. He specializes in administrative, governmental law, labor, and healthcare law. He has represented clients before state and local government agencies since 1967, having tried approximately 300 contested adjudicatory hearings under the California Administrative Procedure Act.

Mr. Sullivan represents lawyers, real estate brokers, doctors, contractors, engineers as well as most other professionals who are regulated by the state. He also counsels a variety of healthcare providers, including individual physicians, medical groups, ambulance companies, hospitals, and mental health clinics before state and federal agencies in the areas of malpractice suits, employment disputes, medical staff credentialing, licensing, and regulatory disputes.

Mr. Sullivan is experienced as an arbitrator in healthcare law disputes. He was recognized by San Francisco magazine in 2004 through 2009 as one of the Northern California "Super Lawyers" in Healthcare Law and is also AV rated by Martindale-Hubbell.

Bradley Wishek, Esq.
Partner
Rothschild Wishek & Sands LLP

Mr. Wishek’s practice emphasizes the defense of persons and businesses accused of crime or facing regulatory or professional discipline, including aggressive representation through independent investigation during government and law enforcement investigations. His practice includes criminal and white collar defense on behalf of corporations and businesses, individuals, public officials, and licensed professionals, including regulatory and professional licensing defense.

He has experience in defending almost every kind of criminal allegation, including drunk driving and vehicular manslaughter, assault, firearms offenses, rape, embezzlement, insurance fraud, kidnapping, environmental crimes, health care, consumer and tax fraud, and other regulatory crimes. He has represented individuals and businesses in a broad spectrum of regulatory and professional licensing matters, from medical professionals and attorneys to licensed contractors, from an engineering firm to a non-profit drug and alcohol treatment program.

Mr. Wishek is listed in the peer-reviewed publications Best Lawyers in America and Northern California Super Lawyers, and he has received an AV rating from Martindale-Hubbell, the highest rating available from this peer-reviewed publication. He has successfully litigated numerous precedent-setting cases for the benefit of his clients in the Court of Appeal and California Supreme Court.

Mr. Wishek is an adjunct professor of law in the trial practice program at the University of California at Davis School of Law, and frequently serves as a presenter on a variety of legal topics in the areas of criminal defense and trial practice. Mr. Wishek serves on the Board of Directors for Clean & Sober, Inc., which provides housing and support services for homeless persons in recovery.

Fees

Three Recorded Package options to choose from:

Video (with sound)* Recording & Materials Package – CD or Download:  $425

Audio Only* Recording & Materials Package – CD or Download:  $425

Order both the Video* and Audio Only* Packages for only $50 more – CD or Download:  $475

*The Video recording is a video of the webinar (with sound). The Audio recording is audio only, for those who wish to listen to it without visuals (such as in the car).

Note: All downloads must be downloaded to a computer first, before transferring them to another device.

For CDs, please add $8.50 shipping and, in CA, sales tax.

*Your discount is automatically applied at check out.

This program will be recorded live on

(Recorded packages are available approximately three weeks after the seminar is held.)

CLE Credit

CA General:  This program is approved for 6.5 units of general CLE in California.
CA Certified Legal Specialist:  This program is approved for 6.5 units of Participatory Certified Legal Specialist CLE in California in Appellate Law through 09/13/2024.  Approved for 6.5 units of Self Study Certified Legal Specialist CLE in California in Appellate Law through 09/13/2027.

NY General: This course is eligible for approval, under New York’s CLE Approved Jurisdiction policy, for 6.5 CLE units. Pincus Professional Education is a CA Accredited Provider, which is a NY approved jurisdiction. See Section 6 of the New York State CLE Board Regulations and Guidelines for further information.

This program is approved for CLE in the states listed above.  Upon request, Pincus Pro Ed will provide any information an attorney needs to support their application for CLE approval in other states other than what is listed above.