Legal Question in Administrative Law in California

RN Licensure Denial

I have two convictions: DUI(2001) & Domestic Violence in (2002). I applied for RN license 5/03 and received a denial letter from the BRN. I have several options: I can contract a lawyer, go through a mediation, or request settlement with the BRN. I do not have any more convictions.I have submitted proof of completion from alcohol treatment program & domestic violence program,and several letters of recommendation. Can you advise me which option would suit me best in this situation?


Asked on 4/13/04, 9:53 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: RN Licensure Denial

I'm not sure exactly what you mean by "request settlement" with the BRN, but if BRN has offered you any kind of further administrative process or hearing, that sounds, without further information, to be your best initial line of inquiry. If you have a form letter of some kind with phone numbers, call and find out what it's all about, how long it takes, and what the best possible outcome is.

Another possibility you didn't mention is to go to your county's Public Defender and ask about expungement and certificates of rehabilitation. This process usually produces less than it appears to promise, but it is not entirely worthless, and should cost you little or nothing other than your time.

You didn't say whether the convictions were misdemeanors, felonies, or one of each. I assume both felonies, or the BRN probably wouldn't turn down registration. Were you previously an RN in Calif. or elsewhere? How is your record otherwise? Any parole violations? Are drug charges involved in either conviction (as you know "DUI" isn't limited to alcohol)?

Hiring a lawyer is not a bad idea, but if you are short on cash you can explore the other options yourself at least briefly before making the outlay. I couldn't comment on the probable success of the mediation option without knowing more precisely what issues would be mediated.

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Answered on 4/14/04, 12:50 am


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