Texas professionals work hard to obtain their occupational licenses. That’s why formal complaints filed against you can be such a serious matter, no matter regardless of how far-fetched such complaints may seem to you.
When your career is on the line, you need an experienced Austin professional license defense lawyer on your side, defending your rights. At Bertolino LLP, occupational license defense attorney, Tony R. Bertolino, and his fellow lawyers have years of experience working with professionals across Texas dealing with a wide range of legal issues involving their license. That’s why professionals rely on us to help them clear their names.
Common License Defense Cases
License defense cases in Texas often cover a wide range of professional licenses. If someone has filed a complaint against you, we want to meet with you and start learning about the accusations against you as soon as possible. That way, we can help you build a strong legal case.
The three main types of license defense cases we regularly handle at our law firm, which is principally located in Austin, Texas, include:
Whatever type of license defense case you’re dealing with, contact our law firm. We understand how the legal system works. We live and work here and strongly believe that every professional facing disciplinary action in front of a Licensing Board deserves a great lawyer on their side.
Medical License Defense
We’re proud to represent smart, hard-working medical professionals who need help with license defense. We have built a reputation within the medical community in Austin for being meticulous, detailed, results-oriented attorneys who know how to handle complicated medical license defense cases.
Contact us if you’re a medical professional and someone has filed a formal complaint against you or you’re dealing with another medical license-related issue. We’re especially familiar with cases involving complaints filed with any medical-related licensing agency. That’s why we urge you to call us if you’re dealing with a case involving:
- Physician license defense
- Nurse license defense
- Optometrist license defense
- Pharmacist license defense
- Podiatrist license defense
- Veterinarian license defense
- Prosthetic/orthotic license defense
- Psychologist license defense
- Chiropractor license defense
- Physical/occupational therapy license defense
- Dental license defense
Don’t underestimate the seriousness of the complaint filed against you. Even if you know you didn’t do anything wrong, you need to take such allegations very seriously. Your occupational license could be on the line.
Contact our office and speak with one of our qualified medical board defense lawyers right now.
Professional License Defense
The prospect of losing your professional license to work in Texas can be so unsettling, especially if you didn’t do anything wrong. And that’s why it’s critical that you contact us if someone has accused you of wrongdoing. Our experienced professional license defense attorneys handle many different types of cases, including:
- Real estate license defense
- Appraiser licensing
- CPA license/tax license defense
- Alcoholic beverage commission license
- Architectural examiners license
- Plumber license defense
- Funeral service license defense
- Insurance license defense
- State Bar of Texas
- Social worker license defense
Often, you only have a limited amount of time to take legal action. You will also likely need to submit various documentation or forms in response to your formal complaint. Talk to us as soon as possible so we can begin building a strong defense on your behalf.
Responding to a Complaint Regarding Your Professional License
Board grievances are time-consuming, costly, and emotionally draining. A regulatory or licensing board has the authority to limit or terminate a licensee’s capacity to practice, therefore, any complaint received by a licensee should be taken seriously. This cannot be emphasized enough. It is imperative that you hire a qualified lawyer to help respond to the complaint and defend your license.
Licensing agencies can be very stringent on their process and response time. Any delay in the matter, and you could be facing permanent consequences or mis the opportunity to provide a proper defense.
The first step in responding to a complaint should be to gather all evidence surrounding the claim. You want to know who filed the grievance (assuming that information is not confidential), what the allegations are, and how soon a response should be submitted. Additionally, most professional licenses are safeguarded by insurance coverage—this is one of the first area you want to consider before hiring a lawyer.
Some allegations will be covered by insurance and will make the process easier. However, if the allegations are regarding a more serious violation of your license, then more in-depth background research and due diligence will be necessary before responding to the complaint.
What Is the Deadline to Respond to a Licensing Complaint?
The timeline for when you need to respond may depend on the type of complaint filed, the type of license in question, and what the violation(s) are cited. For instance:
- Medical license: If a response is permitted, it must be submitted “within the time prescribed by agency staff.”
- Real estate license: Respondents who hold licenses must respond within 10 days of the complaint; and 15 days for real estate education providers and instructors.
- Funeral services license: Response is required within 15 days of notice of the complaint and within 30 days of the investigative report.
- CPA/tax license: Response is generally required within 30 days of the date of the letter/complaint.
- Architectural examiners license: Response is required within 30 days of notice of the filing.
- State bar license: Response is required within 30 days of the grievance being filed.
Each professional license will have a slightly different process and timeline. As soon as a complaint is filed or from when you receive notice, you should begin collecting evidence for your response. Some licensing agencies may not allow a response, and some may specifically request certain information be included in a response.
Missing a Response Deadline
You all understand the necessity of meeting deadlines as professionals. The deadlines involved in processing a board complaint are just as critical, if not more imperative, given the stakes. Before a licensing board begins their investigation, the board usually sends the licensee a written notice of the complaint.
A deadline for the license holder to file a written, narrative response to the claims, as well as to present relevant and salient records or documentation, is nearly always included in that notification (e.g., patient records, tax returns, case documents, etc.). Obtaining relevant information, hiring an experienced attorney, and formulating a suitable response are all time-consuming tasks that cannot be transferred to another party or staff member. This dilemma is aggravated by the fact that it is a human inclination to avoid unpleasant activity.
As a result, the deadline for providing data and submitting a response frequently catches the licensee off guard before he or she has completed the required preparations for a good defense. Failure to respond on time can jeopardize the licensee’s reputation and credibility, make them ineligible for a hearing, and result in fines being imposed when they would not otherwise be. We recommend never ignoring, failing to respond, or missing the response deadline.
If further time is needed, it is normally allowed; nevertheless, such a request must be made with the board, and it is usually advisable to do so in writing and well in advance of the deadline.
Knowing Your Rights During the Complaint Process
You have the right to request an administrative review if the Board takes negative action against your license. You have the right to a hearing before the Texas State Office of Administrative Hearings (SOHA) if you are dissatisfied with the results of the administrative review. An Administrative Law Judge conducts a SOHA hearing, which is comparable to a courtroom trial in that you can present evidence, conduct discovery, call fact witnesses and expert witnesses, and cross-examine witnesses presented by the Board.
At all stages of the complaint process, you have the right to be represented by an attorney. In fact, we believe that putting up a solid defense from the start will help you get the best possible result in your case. We strongly advise you to retain the services of a professional license defense attorney as soon as you receive notice of a complaint filed against you.
Your license defense lawyer can assist you in developing a strong and effective initial response to the allegations leveled against you. During the complaint process, you always have the right to defend yourself and provide evidence against the allegations. You can either conduct a defense through settlement negotiations or through a hearing process.
When defending your license, you are always given the opportunity to present your defense before a hearing committee. Sometimes, that right will be waived if you do not properly respond on time to the complaint, which is why timing is very critical in these situations.
The Bertolino Law Firm Will Help Defend Your License
Don’t delay taking action. The sooner you contact us, the sooner we can work with you to address the legal issues surrounding your professional license defense. Call (512) 476-5757 and schedule an appointment.Call Today
A law firm you can trust; a law firm that will stand up to the Board for you
Don’t delay taking action. The sooner you contact us, the sooner we can work with you to address the legal issues surrounding your professional license defense. Call (512) 476-5757 and schedule an appointment at our Austin office.
Our law firm can also assist and serve medical licensing and boards clients who live in Dallas, Ft. Worth, El Paso, Waco, Amarillo, Arlington, Brownsville, Corpus Christi, Plano, and Lubbock and any other major city in the State of Texas.Contact Now