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Board adopts modified fee structure for petitions for penalty relief; initial fees set, remaining costs adjudicated by ALJ
Summary
The Medical Board of California approved modified regulations requiring initial filing fees for petitions for reinstatement and for modification or early termination of probation, with remaining adjudication costs to be determined by an administrative law judge subject to a capped amount.
The Medical Board of California voted to adopt modified regulations that establish initial filing fees for petitions for penalty relief and a process for recovering remaining adjudication costs.
Keri (staff attorney) told the board that the alternative proposal responded to public comments that an upfront payment of roughly $22,000 would bar some petitioners from seeking relief. Under the modified proposal, petitioners seeking reinstatement must submit an initial fee of $2,962 and petitioners seeking modification or early termination of probation must submit an initial fee of $1,242. The remaining fee for Attorney General and Office of Administrative Hearings services would be determined by the administrative law judge and is capped at $22,000 less the initial fee already paid. The ALJ’s proposed remaining fee is subject to review by the board and the petitioner may present evidence of inability to pay or challenge reasonableness at hearing.
Keri explained that the initial fees represent the board’s costs up to the point the petition is referred to the Attorney General’s Office. The board directed staff to publish the modified text for a 15-day comment period and to complete the rulemaking steps if no adverse comments are received.
Lucas Evenson, representing the California Medical Association, opposed the rule and urged the board to withdraw the package. Evenson said the modified approach still leaves petitioners exposed to potential total adjudication costs of up to $22,000 and that the board’s fiscal outlook made a fee unnecessary. "Physicians will have no way of knowing the exact cost until the ALJ makes a determination," Evenson told the board.
The board passed the motion by roll-call vote. Several board members stated the fees aim to recover actual costs and to discourage low-quality filings that repeat the same petitions without evidence of rehabilitation. Staff were directed to publish the revised text and to return with final materials if adverse comments are received.
