How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118651
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
10285032
Type Your Legal Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I have a hearing on 5/11/16 with the Office of Administrative

Customer Question

I have a hearing on 5/11/16 with the Office of Administrative Hearings to defend my integrity and to confront the false allegations against me from an Investigative Analyst who is clearly negligent in her duties as she called my place of employment and left a voicemail disclosing a conviction that I failed to list on my application.
She claims I "Willfully and knowingly failed to disclose San Francisco conviction on application and that I Willfully and knowingly falsified my answer to a Felony conviction.
I have had 11 different State licenses in California and fingerprinted for each one and I have never marked YES on any application for a license asking if I have ever been convicted of a Felony and I have never been accused of lying about that question.
The failure to disclose the San Francisco conviction is completely an error on my part however it was not done with willful intention and the Investigate Analyst failed to conduct her Investigation based on Section 1666 of the California Insurance Code.
This is not a case where I'm looking for representation at the hearing as even the attorney in this case will either (no offense) shut up and deal with his mistake, commit perjury or simply "make my case for me".
I'm interested in the aftermath of my hearing as the DOI has no valid claim to justify there actions to bring these charges or complaint against me and the actions and slanderous remarks made by the investigative analyst I want to address and seek damages since I have to leave my office for 2 days to attend this hearing.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am sorry, but do you have such a conviction? Why do you not check off "Yes" when they ask about the conviction?
Customer: replied 1 year ago.
I paid $19 for this response? No, not an acceptable response! If you read what I wrote you will see it says "I have never marked YES on any application for a license asking if I have ever been convicted of a Felony and I have never been accused of lying about that question".I HAVE NEVER BEEN CONVICTED OF A FELONY! So why would I check off YES? This was a waste of my time and my $19
Expert:  Law Educator, Esq. replied 1 year ago.
You DID NOT GET A RESPONSE, YOU WERE ASKED A QUESTION because your question was lacking some information we needed to know in order to provide you a proper response. This service works by back and forth collegial communication between expert and customer to pass information back and forth. Thank you for understanding that.
You typed, "She claims I "Willfully and knowingly failed to disclose San Francisco conviction..." So why is she claiming there is a felony conviction? Where is that information coming from?
How did they get this alleged information about this felony conviction?
Customer: replied 1 year ago.
My point exactly! I have no idea where she is getting this information! She's negligent and incompetent considering the fact she called my place of employment and left a voicemail disclosing my criminal conviction, she sent me a letter that had absolutely nothing to do with my application.The initial charge for a bad check was "filed" as a Felony charge, but as most don't know...Under Penal Code 17 (b) the magistrate may find that it lacks enough to support a felony charge and charge the defendant as a misdemeanor even before going to arraignment.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
So if she is incorrectly or falsely reporting information and was negligent in properly investigating the charge regarding the alleged conviction, then she can be sued and held personally liable for that negligence. You would have to send a response with your refute of the claim she is making and if she refuses to retract the claim and inform your employer it was an error, then you have grounds to sue her for negligence and for all of the damage incurred including all lost wages if the employer takes action against you.
Once you provide her proof of this being an error, if she fails to correct it she is also committing defamation per se and would be liable to you also for the embarrassment and damage to your reputation her false allegations caused.