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BizAttorney
BizAttorney, Attorney
Category: Legal
Satisfied Customers: 2273
Experience:  Over 12 years of business and legal experience.
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I recently was a party in an administrative hearing regarding

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I recently was a party in an administrative hearing regarding my daycare license in CA. I have received the decision and order and submitted a petition for reconsideration to the court. (On the same day I received the order) what happen now? Can I remain open until I hear the outcome of my reconsideration request?

BizAttorney :

Good evening! I can help you out with your legal question tonight.

BizAttorney :

Y

BizAttorney :

es you can remain open since the judgment can still be appealed.

BizAttorney :

You will want to request injunctive relief from the court since the administrative hearing was not in your favor. The higher court can allow you to remain operational if so requested.

BizAttorney :

The reasoning is that an ALJ decision can be appealed, so until it is a final order that can't be appealed, you may continue to operate so long as you have filed your appeal and it was timely.

Customer:

Is there a certain form I should be submitting? I submitted a written letter for reconsideration and mailed it to the address provided. I sent this in today (Monday) and I received the documents on Saturday. I am hoping this is timely enough.

BizAttorney :

You have to exhaust all administrative remedies first (your letter of reconsideration) and then if that doesn't work, you must file an appeal in the courts.

Customer:

So for the time being I can remain open and wait to see if the decision will be reconsidered? Will I receive something in the mail to let me know either way?

BizAttorney :

It depends, they may call you and give you a hearing date also. Usually it is just a letter though. Talk to a local attorney to make sure you don't have to file a suit in state court while you wait.

BizAttorney :

I would file it in state court to be safe because it depends on the order's verbiage. If it is final, then the proper appeal would be to file an appeal in state court.

BizAttorney :

Does the order appear to be the final judgment.

BizAttorney :

?

Customer:

it says decision and order, under are three boxes to be checked, adopted, rejected by the department of social services and neither adopted or rejected. They checked adopted and it is signed by the deputy director. (I believe of Social Servies) then a sheet with the notice of time limits to file a letter of reconsideration was include with the Decision and Order sheet. I immediately submitted my letter to the Senior Assistant Chief counsel, reconsideration analyst as directed. I am not sure if this is a final order.

BizAttorney :

It isn't yet. Submit your letter of reconsideration and then after THAT decision, it will be final.

BizAttorney :

If it is not favorable to you, then you need to appeal to state court otherwise it will be binding.

Customer:

it says "the attached Proposed decision of Administrative Law judge is hereby (checked box) adopted

BizAttorney :

That just means the ALJ made the decision.

Customer:

so it is ok for me to remain open while I await the reconsideration decision?

BizAttorney :

Yes, because it is not final.

Customer:

If the decision is not in my favor following this request it is at that time I send in an appeal to the State court?

BizAttorney :

Yes, that is correct. Not the appellate state court, but just the state court.

BizAttorney :

The lowest state court is how you appeal administrative law judges unless it is in federal court.

Customer:

Thank you very much for explaining this to me! It has all been a bit confusing and overwhelming!! I appreciate your time.

BizAttorney :

You are very welcome and good luck! Have a great night and please leave me feedback before you go.

Customer:

I will complete the feedback now. Good night!

BizAttorney :

Good night!

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