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Administrative law

Professional License Application and Disclosure of a Criminal Record and Proof of Rehabilitation
Post On Apr. 04, 2019
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I recently wrote about real estate applicant who failed to disclose a criminal conviction on his Real Estate Commission application. Upon discovery he was disciplined and his license was revoked. Today’s guide involves the exact opposite result for one of my clients. The Crime - a Hearing - A...

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Help with L&I Audit in Washington State
Post On Mar. 04, 2019

L&I hits small business owners with the same fines over and over. Learn to avoid these common problems - 80% of all businesses that are audited are fined in Washington State. Workers compensation L&I reporting for office staff employees: 2 common issues that lead to fines There are two really...

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Immediate Temporary Suspension -- Do Not Sign An Agreement With Out Counsel

Doctors beware. Government prosecutors are fighting the opiate epidemic on many fronts. Now more than ever local police in coordination with DEA and Commonwealth Attorney General drug enforcement investigators are investigating doctors for simply writing unreasonable amounts of scheduled narcotics...

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Finishing the PHMP Term -- Returning to an Unrestricted Health Care Practice
Post On Jan. 30, 2019

How do you get out of Pennsylvania's Professional Health Monitoring Program ("PHMP"). The PHMP administers both the Voluntary Recovery Program "VRP" and the Disciplinary Monitoring Program ("DMU")? Compliance -- What is it. How do you get out of Pennsylvania's Professional Health Monitoring Program...

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Understanding the Arbitrary and Capricious Standard Upon Appeal from a State Agency’s Decision
Post On Jan. 24, 2019

If one wants to challenge the final decision of a state agency, they may be able to appeal that decision to a higher court. For the appeal to be successful, there must be a basis for overturning or amending the agency’s decision, such as a finding that the decision was “arbitrary and capricious."...

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How to Navigate the Administrative Remedies Process

We all deal with administrative agencies on a regular basis, whether it be through renewal of our cars’ yearly registrations, paying taxes, or through receiving and maintaining licensures to engage in certain professions such as medicine or teaching. Conflicts can arise between persons and agencies...

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What Qualifies as a “Rule” Under Texas Administrative Law?
Post On Jan. 24, 2019

Texas state agencies have a great deal of authority over governmental executive and licensing decisions across the state, including such ubiquitous activities as the issuance of drivers licenses and the regulation of multiple licensed professionals, such as doctors, attorneys, nurses, hairdressers,...

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Fact Sheet for City and County Employees in Colorado

Employees of cities and counties in Colorado may have legal rights that differ from those rights available to private-sector employees. This guide provides an overview of the administrative and legal processes available for employees of cities and counties in Colorado. Processes Available for City...

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Dr. Marijuana Loses His Medical License

The Philadelphia Inquirer announces New Jersey Medical Board suspends the medical license of Anthony Anzalone, M.D. -- Dr. Marijuana. This is the region's first medical license suspension case involving a physician violating newly enacted medical marijuana regulations. I Predicted This Type of...

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Post On Dec. 26, 2018

Act 6 of 2018, 63 P.S. 2201.1(a), imposes mandatory reporting requirements on any person holding a license, registration, certificate or permit with a licensing board or commission under the Pennsylvania Department of State’s Bureau of Professional and Occupational Affairs. Actions To Be Reported...

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Fraud, Felony Conviction, License Revocation

Artifice and fraud schemes are rampant in healthcare and insurance. Typical insurance fraud criminal charges will result in licensee disciplinary action. By typical I mean submitting claims for unemployment benefits while working another job or failing to report accurately income for benefits. The...

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NJ Proposed Medical Marijuana Act

Pennsylvania's Medical Marijuana Act details in excruciating detail the prescribing limits placed on physicians (the only allowed prescribers). New Jersey's MMA differs from Pennsylvania at the outset by not limiting prescribers to physicians. Any medical professional with DEA prescribing authority...

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Medical Marijuana Statistics in Pennsylvania
Post On Nov. 14, 2018
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Newspaper trumpet the legalization marijuana in several states. Articles track implementation of medical marijuana production, products, and sales in states with existing medical marijuana laws. Everyone is investing in marijuana producers and distributors. The Statistics On November 12, 2018 the...

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PNAP - A New Trap Tactic
Post On Oct. 24, 2018

A new client recently contacted me regarding a puzzling PHMP/VRP letter he received. After a first offense DUI, the VRP contacted him and scared him to attend an initial evaluation. The Initial Evaluation As I have said many times, the PHMP's "Letter of Concern" is a lie. The PHMP is not concern...

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Obtaining State Benefits Similar or Ancillary to Social Security Disability in Texas
Post On Sep. 28, 2018

The Medicaid Buy In for disabled children is available for children whose family "countable" income is up to 150% of the poverty line. Once a child receives Medicaid, either through the buy in or through SSI, the Health Insurance Premium Payment plan is available. Eligibility For a minor to receive...

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Medical Marijuana Adminstrative Appeal Process

This article discussed the administrative process to appeal any disciplinary action against a card holder or prescriber of medical marijuana. The Admisntrative process. > Pennsylvania's Medical Marijuana Act sets forth a very specific administrative appeal process addressing prescribers and card...

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Social Security Disability/Supplemental Security Income Five-Step Sequential Process Explained

The process for being found disabled appears complicated and confusing to most individuals who are going through the process. This guide explains the five-step process for being found disabled by providing an overview of each step in simple terms that everyone can understand. What is the Five-Step...

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The 4 Most Important Factors to Winning a Social Security Disability Case

This guide will give the four factors that I see as the most important factors to win your Social Security Disability Case. Those factors are consistent medical treatment, medical opinions, work history, and age. Consistent Medical Treatment The single most important factor in winning your...

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Should I File My Employment Discrimination Claim with the EEOC or the ERD?
Post On Mar. 13, 2012
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A commonly misunderstood and confusing part of employment law litigation for employees who feel they have been discriminated against in Wisconsin is whether to file their claim with the Wisconsin Equal Rights Division (ERD) or the Equal Employment Opportunity Commission (EEOC). While both entities...

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