DIR, Chiropractor Answer 4th DCA's Questions About Lien Stay

The California law automatically staying liens filed by or on behalf of criminally charged providers is essentially a hybrid of civil and criminal asset forfeiture without any due process protections, according to a chiropractor challenging the constitutionality of the statute. The Department of Industrial Relations disagrees, telling California’s 4th District Court of Appeal that forfeiture is a remedial proceeding requiring the disgorgement of proceeds from illegal conduct, whereas the purpose of the lien stay is to preserve the status quo until a criminal case is resolved. How the l...