What Do You Need to Do in Order to Obtain an ALJ Hearing?

 With this in mind, what do you need to do in order to obtain an ALJ hearing when faced allegations of medical malpractice or other unethical or unlawful conduct? The specifics vary from state to state. However, in many cases, it will be necessary to formally request an ALJ hearing in order to present evidence and arguments in your defense.

In California, for example, if a doctor is facing disciplinary action for a violation of the state’s Medical Practice Act, the doctor must request an ALJ hearing within 15 days of being formally served with the accusation. The request must be made by submitting a “Notice of Defense” to both the Office of the Deputy Attorney General and the California Medical Board. As the California Medical Board explains, “If a request for a hearing (or Notice of Defense) is not received, the physician will be deemed to have waived the right to a hearing and the Board may proceed to act on the accusation without a hearing and may take action as provided by law.”

Many other states have similar requirements; and, as a result, when facing allegations of malpractice or other misconduct, it is essential to proactively determine what steps are necessary in order to protect your license to practice medicine. Failure to do so may result in the suspension or revocation of your license without an ALJ hearing.

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