Strategies, Recourse, And Next Steps

Receiving A Decision

At the conclusion of the hearing, the administrative law judge typically provides a timeframe for delivering a decision, which generally falls between two and three months. Once the administrative law judge renders a proposed decision, it is forwarded to the Commission for consideration.

The Commission then has the option to either accept or reject the decision. The administrative law judge’s decision is usually discussed at the subsequent Commission hearing in closed session, with their legal counsel present. After the closed session, the Commission reports its final determination.

In the event that the Commission rejects the decision of the administrative law judge, they may allow for arguments during the Commission hearing. Subsequently, the Commission makes a final decision, typically in closed session and outside the presence of the public.

Possible Outcomes

In an administrative hearing, there are several possible outcomes. The administrative law judge may:

• Side With The Government: They may accept the period of suspension or revocation indicated in the accusation.
• Opt For A Shorter Suspension Or Probation: Alternatively, they may decide on a shorter suspension or even impose a probationary decision.

Based on my experience, Fish and Game Commission hearing decisions typically result in the suspension of commercial fishing licenses and limited entry permits ranging from one to ten years or complete revocation. Both the Department of Fish and Wildlife and the Fish and Game Commission often rely on precedent cases, which are a set of 10 recent decisions listed on the Fish and Game Commission website. These decisions serve as authoritative guides for determining the length of suspension or revocation.

Recourse

After the administrative law judge renders a decision, it is presented to the Fish and Game Commission at the next scheduled hearing. At this point, the Commission can either accept or reject the decision. Once the Commission makes its final determination, the options for the license or permit holder become clearer.

If the Commission’s decision is unfavorable, the license or permit holder can challenge it by filing an administrative writ of mandate pursuant to Code of Civil Procedure 1094.5. This petition is typically filed in the county where the license holder resides or where the conduct occurred. The petition essentially functions as an appeal of the suspension or revocation imposed by the Fish and Game Commission. It is important to note that this is a civil proceeding and any resolution of the legal issues maybe prolonged.

While the decision is being considered by the Superior Court, the attorney representing the licensee or permit holder may request a stay of any suspension or revocation. This stay allows the licensee or permit holder to continue fishing or using their permit or license while the case is being litigated.

Hiring An Experienced Firm To Defend You

Hiring an experienced firm to defend you in administrative hearings is critical. While these hearings may be less formal than court trials, the decisions made by the Fish and Game Commission and administrative law judges have significant implications, often involving the disposition of a permit or license and directly impacting your livelihood.

As such, it’s essential to enlist the services of an attorney experienced in handling administrative hearings before the Fish and Game Commission to safeguard your livelihood. They should be adept at navigating any subsequent challenges, such as filing a writ of mandate in the Superior Court.

Retaining legal representation with extensive experience in this area is a sure way to enhance your chances of securing a favorable outcome and protecting your professional interests effectively. If you’re looking for assistance with a matter in this area of the law, I’d be happy to offer my services and discuss how I might be able to help you protect your best interests both today and in the future.

For more information on Fish And Game Commission Hearing Decisions, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (415) 728-9982 today.