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Irwin Law
Irwin Law, Attorney
Category: Business Law
Satisfied Customers: 6855
Experience:  30+ yrs. representing small business, real estate, probate
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Risk Consulting dba Safety in San Leandro, Ca.

Customer Question

Hello, my name is ***** *****/ Turner Risk Consulting dba Turner Safety in San Leandro, Ca. www.turnerrisk.com -(###) ###-####
We have a thriving safety training center and are being denied accreditation thru the Bureau for Private Post Secondary Education. The exemption used to obtain approval was denied and we disagree with their decision. Do you have anyone who could help us with this issue?
Submitted: 10 months ago.
Category: Business Law
Expert:  Damien Bosco replied 10 months ago.

Hello. How are you? Have you already an attorney? Are you looking for an attorney in your area that can handle this?

Customer: replied 10 months ago.
Good morning..... I may need help from someone with experience in this. Have you dealt with this type of issue before?
Expert:  Damien Bosco replied 10 months ago.

No I have not. I will open your question for others. Thank you.

Customer: replied 10 months ago.
Thanks for the referral.
Customer: replied 10 months ago.
Damien, this may add some clarity to the question for others to look at. I'm attaching the CCR code that lists the exemptions allowed. We feel that (d) 2 applies to our situation. We would like some professional advise please. thanks
Expert:  Irwin Law replied 10 months ago.

A legal position such as you have asserted against the state agency can form the basis of a lawsuit against the agency to compel them to issue you the necessary accreditation. That will require the services of an attorney. I'm sure you have thought of that already, so I'm not sure what your question is for us here.

Customer: replied 10 months ago.
Thank you for your response Mr Law. I'm wondering if you were able to look at the attachment that I gave Damien Boscoe?
Expert:  Irwin Law replied 10 months ago.

I did.

Customer: replied 10 months ago.
Ok, let me explain our position a little better, here's where it stands.... I was turned down by these guys (BPPE) in December 2013. We waited 6 months for their decision..... Their reason for denial was we didn't meet their exemption criteria, which may have been my fault for not giving better information. That's giving them the benefit of the doubt.... they offered no advice and would not even respond to calls for clarification so, I let it go at that point being so busy I was unable to take them on because of the demands of our growing business.
Not having a Private Post Secondary School accreditation has now become a serious problem for our business and I decided to try the process one more time. I called 2 weeks ago and this time, I actually got thru and spoke to someone at BPPE.
I asked the woman for clarification on why our previous application for exemption was denied. I thought possibly we had chose the wrong exemption classification. At first, she offered no help and said that the application process was self explanatory and all they could do was review it when it came in and either approve or deny it.
She said, they could offer no consultation. However, I pressed on and when I explained to her what had happened in 2013, she said that all the rules had changed since then and that I should submit a new application. I took her advice and paid the $250 fee again in the hope of pushing it thru this time. My position this time is a little stronger since we are now accredited by the EPA for issuing certifications for lead abatement under the RRP program which as mandated as a requirement in 2006 for anyone contracting work at housing and public housing (HUD) projects. The argument they used to deny was that "our educational programs were career development and not required licensing by the government or any state agency. The OSHA training programs we teach are compliance based and although the State does not issue licensing, they do mandate the training elements (requirements) of most safety programs for employers such as forklift certification, trench safety, aerial boom lifts, fall protection, crane operators just to name a few.The OSHA training center at Chabot College/ Las Positas OSHA Training center in Dublin, CA (our competitor) teaches many of of the same programs we do and because they are a non-profit, they were granted an automatic exemption in 2007.This is unfair. My feeling is that I want to wait 60 days for a response from the bureau this time. If they deny us again , I want to know if you will represent us in a legal challenge.Please let me know at your convenience. Thanks for your time and attention to this important matter.Respectfully,***** *****
Turner Safety (###) ###-####
Expert:  Irwin Law replied 10 months ago.

I want to know if you will represent us in a legal challenge.

Hello again Steve. Just Answer is not a law firm and our rules do not permit us to represent our customers directly in legal matters. We only provide information and answer general questions About legal matters. If you have specific questions, please submit them by Reply. For whatever it's worth, it appears that you are being discriminated against by lower-level bureaucrats.If you keep moving up the food chain in that agency you might get somewhere with a higher level people who know that you can go to the California Atty. Gen.'s office With the complaint against them. I wish you the best of luck in getting your Accreditation without a legal battle.

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