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October 31, 2009

Serial professional discipline

On his California License Law Blog, Fredrick M. Ray (Orange, CA) draws attention to the serial effects of professional discipline in "The Domino Effect of License Discipline":

A phenomenon we observe in our law firm every day is the Domino Effect of license discipline.  Simply put, discipline against one's license, a license denial, or a criminal conviction, can in turn result in discipline against out of state licenses, other agency licenses, and affect employment, memberships, clearances and registrations. ... The worst part of the Domino Effect is the pernicious manner in which negative public records available over the internet can damage one's career and reputation.  Most licensing agencies will make derogatory information available on a license record, in a website listing of disciplinary actions and even in an agency newsletter.  Thusfar licensing agencies see it as their duty to publicize one's license discipline on the websites and in their publications.  It remains to be seen if the law will curb these practices by requiring that old or irrelevant disciplinary cases be stricken from a licensing agency's website.

It's a bit biased, but after all he does represent respondents. It happens in other aspects of administrative law as well, such a transportation, insurance, and securities. If you are representing respondents, it is vital to make them understand that they have to fight the first regulatory action, even though it might not seem that important in and of itself. EMM

October 31, 2009 in Practitioner Concerns | Permalink

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Comments

The concept is called "personal accountability". It is the foundation stone of Western Civilization.

As to these multiple proceedings, this is a side effect of our federal system of government. If we had a monolithic form of government, this physician would have gone to the canvass during Round One. And stayed there.

Posted by: Laurence J. Gillis | Nov 1, 2009 6:36:29 AM

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