logologologo
  • ABOUT US
    • Our Approach and Specialties
    • Community Service
    • Awards and Recognition
    • History
    • Contact Us
  • PRACTICE AREAS
    • Defense of Criminal Investigations and Proceedings
    • Professional License Defense
    • Teacher Credential Defense
    • Medical Staff Privileges
    • Defense of Consumer Protection and Environmental Investigations
  • OUR PROFESSIONALS
    • Shannon V. Baker
    • Steven B. Plesser
    • Amit Singh
    • Robert J. Sullivan
    • M. Bradley Wishek
    • Alicia Hughes Richardson, Paralegal
  • CONTACT US

Search
Generic filters
Exact matches only
Search in title
Search in content
Filter by Custom Post Type

logologologo
  • ABOUT US
    • Our Approach and Specialties
    • Community Service
    • Awards and Recognition
    • History
    • Contact Us
  • PRACTICE AREAS
    • Defense of Criminal Investigations and Proceedings
    • Professional License Defense
    • Teacher Credential Defense
    • Medical Staff Privileges
    • Defense of Consumer Protection and Environmental Investigations
  • OUR PROFESSIONALS
    • Shannon V. Baker
    • Steven B. Plesser
    • Amit Singh
    • Robert J. Sullivan
    • M. Bradley Wishek
    • Alicia Hughes Richardson, Paralegal
  • CONTACT US
logologologo
  • ABOUT US
    • Our Approach and Specialties
    • Community Service
    • Awards and Recognition
    • History
    • Contact Us
  • PRACTICE AREAS
    • Defense of Criminal Investigations and Proceedings
    • Professional License Defense
    • Teacher Credential Defense
    • Medical Staff Privileges
    • Defense of Consumer Protection and Environmental Investigations
  • OUR PROFESSIONALS
    • Shannon V. Baker
    • Steven B. Plesser
    • Amit Singh
    • Robert J. Sullivan
    • M. Bradley Wishek
    • Alicia Hughes Richardson, Paralegal
  • CONTACT US
logologologo
  • ABOUT US
    • Our Approach and Specialties
    • Community Service
    • Awards and Recognition
    • History
    • Contact Us
  • PRACTICE AREAS
    • Defense of Criminal Investigations and Proceedings
    • Professional License Defense
    • Teacher Credential Defense
    • Medical Staff Privileges
    • Defense of Consumer Protection and Environmental Investigations
  • OUR PROFESSIONALS
    • Shannon V. Baker
    • Steven B. Plesser
    • Amit Singh
    • Robert J. Sullivan
    • M. Bradley Wishek
    • Alicia Hughes Richardson, Paralegal
  • CONTACT US

Search
Generic filters
Exact matches only
Search in title
Search in content
Filter by Custom Post Type

  • ABOUT US
    • Our Approach and Specialties
    • Community Service
    • Awards and Recognition
    • History
    • Contact Us
  • PRACTICE AREAS
    • Defense of Criminal Investigations and Proceedings
    • Professional License Defense
    • Teacher Credential Defense
    • Medical Staff Privileges
    • Defense of Consumer Protection and Environmental Investigations
  • OUR PROFESSIONALS
    • Shannon V. Baker
    • Steven B. Plesser
    • Amit Singh
    • Robert J. Sullivan
    • M. Bradley Wishek
    • Alicia Hughes Richardson, Paralegal
  • CONTACT US

Teacher Credential Defense

Administrative Hearings

When a teacher wishes to challenge a Committee of Credentials discipline recommendation, he or she is entitled to a hearing before the Commission on Teacher Credentialing. The hearing is conducted under the California Administrative Procedures Act, which provides substantial due-process protections before a credential can be subject to discipline or an application for a credential or certificate can be denied.

Before the hearing

The commission will file and mail or serve the teacher with an accusation or a statement of issues setting forth the allegations it contends warrant license discipline. The teacher must file a request for a hearing and a notice of defense within a very short time after receiving the accusation. It is critical that all teachers keep a current address on file with the Commission on Teacher Credentialing. Failure to maintain a current address with the commission can result in the teacher not receiving the accusation or statement of issues, which could result in a default proceeding and the teaching credential being revoked. Not keeping the commission notified of a current address can also be a cause for discipline.

The commission will refer the matter to the Office of Administrative Hearings, and an administrative law judge will conduct the hearing. The Attorney General of the State of California will represent the commission in the matter. A prehearing conference or settlement conference may be scheduled prior to the hearing.

During the hearing

During administrative hearings, teachers are entitled to cross-examine witnesses, to call and examine witnesses, and to present evidence in their defense. Some hearsay evidence may be allowed, but only evidence admissible in a court of law can be used to support any allegation or fact essential to justify disciplinary action.

After the hearing

The administrative law judge prepares a proposed written decision with detailed findings of fact, along with a dismissal of the case or proposed disciplinary order. The commission will review the decision and determine whether to adopt the decision, which usually happens. The commission may reject the decision and decide the case based upon the transcripts and copies of the exhibits received in evidence at the hearing. If the commission rejects the proposed decision, the teacher is given an opportunity to be heard before the commission makes its decision.

If the teacher wishes to challenge the commission’s decision, he or she may do so by filing a writ, which is essentially an appeal, in a Superior Court.

Return to: Teacher Credential Defense

Contact Us

765 University Avenue
Sacramento, CA 95825

Phone: (916) 444-9845
Fax: (916) 640-0027

Practice Areas

  • Defense of Criminal Investigations and Proceedings
  • Professional License Defense
  • Teacher Credential Defense
  • Medical Staff Privileges
  • Defense of Consumer Protection and Environmental Investigations

© 2023 Rothschild Wishek + Sands LLP.  All Rights Reserved.       Home   |   Privacy Policy   |   Disclaimer

Website design by NetPilot Web Solutions