Occupational licensing renewal issues can significantly derail your career. With a long list of potential problems, it is crucial for professionals to understand their rights and how to navigate a challenging renewal process. An experienced professional and occupational license defense attorney in Texas can save you considerable difficulty.
At Bertolino LLP, we understand the potential obstacles. Our lawyers are skilled at overcoming a wide range of licensing renewal challenges. If you are concerned about any potential issues renewing your occupational license, our experienced attorneys can help.
Professional Licensing Is a Stringent Form of Occupational Regulation
States have been regulating industries with occupational licenses since Dent v. West Virginia (1889). The United States Supreme court ruled in favor of West Virginia, granting states the authority to set standards for occupations and their subsets. The decision was made to empower states with the ability to protect their citizens from unethical behavior, professional misconduct, negligence, and fraud.
Since the federal court ruling, safety concerns have pushed more states to implement licensing requirements. In the 1950s, nearly 5% of U.S. professions involved obtaining a license to practice. Today, the number is closer to 23% for full-time positions. According to various reports:
- Licensed occupations per state have increased from 800 to 1,100 professions in the last century
- More than 1 in 4 types of occupations require a license
However, in addition to the fields above, the National Occupational Licensing Database (NCSL) has counted 48 other growing professions, including milk samplers and athletic trainers.
Potential Legal Matters for Your Texas License Renewal
As recent public health and safety issues spur a sharp increase in occupational regulation, license renewals face increasing pressure and tighter restrictions. Texas State licensing boards are tasked with protecting public safety and trust. Legal matters and obstacles that will affect your license renewal include:
- Application mistakes: Failing to fill out your application form accurately and correctly can cause your professional license to be rejected. For example, missing a line on a sworn affidavit stating that your information is true to the best of your knowledge.
- Failure to renew in a timely manner: Most states penalize professionals if they allow their license to expire. A failure to renew will result in an automatic suspension in some cases.
- Lack of current continuing education: Specialized fields constantly evolve their technologies and techniques. Many will require continuing education to renew a license.
- Uncooperative behavior: State licensing boards include clauses that require professionals to fully cooperate with any investigation into their conduct. Refusing to participate to the best of your abilities may cause the board to reject your application.
- Substance abuse and addiction: Substance abuse and addiction affect many people throughout the country. With so many resources for help available, the licensing board may be reluctant to accept your application.
- Criminal convictions: Licensing boards were created to maintain the public’s safety and trust in specific at-risk industries. Criminal convictions, including tax fraud, healthcare fraud, and DUIs, often lead to rejected license renewal applications.
- Previous disciplinary action from another state: Licensing boards may deny your request for renewal based on past disciplinary actions from other states. Denials may be based on minor disciplinary actions, even those involving a separate profession or industry.
- Applying for reinstatement before the end of your probation period: When your professional license has been suspended, expired, or revoked for a period of time, you are prohibited from renewing your license early.
- History of disciplinary action: Your license renewal application may be denied if you have received any disciplinary action from the state board.
- Missing key information: If you fail to disclose important information on your renewal application, the board may deny your license. Withholding information may be considered an intention to act fraudulently.
Texas State boards tend to err on the side of caution and will deny your license renewal for minor infractions.
Methods for Overcoming Challenging Licensing Renewal Matters
Licensing legal issues involving other states or prior criminal activity can be difficult to overcome. You need a determined and experienced license defense attorney on your side. When your career and livelihood are in jeopardy, it is critical you provide the best possible defense for yourself.
Depending on the type of crime, a criminal conviction or arrest may act as an automatic disqualifier for license renewal. However, a skilled license defense attorney can present a compelling argument and ask the Board to reconsider your application. Depending on your situation, you may even be able to have the conviction expunged from your record.
If you have had your license suspended or revoked in another state, it may prevent you from obtaining a license in Texas. While processing your application, a licensing agency will check your record for any past infractions and disciplinary actions. However, a professional license defense attorney can help by:
- Helping you reinstate your old license before going through the application process in Texas
- Gathering evidence and strong documentation to support why the state board should overlook your record.
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We Have Extensive Experience Handling Legal Matters for Your License Renewal
At Bertolino LLP, our knowledgeable attorneys can help you navigate the complexities of professional license renewals. Every set of circumstances is different. If your application is denied, we can help you take the necessary steps to obtain your license, including:
- Finding out why your renewal license application was rejected
- Employ various strategies to overcome your license rejection
- Filing an appeal on your behalf
- Advocate for your best interest during the board hearings
- Negotiate with the licensing board to determine a path for reinstatement
If you have not filed your renewal application and are concerned about possible legal issues, a professional license attorney can assist with various proactive strategies. Our dedicated legal team understands the nuances of licensing laws in Texas. We can:
- Pinpoint any potential legal matters that may affect your renewal application
- Strategize resolutions to any past issues
- Aid and assist in the renewal application process
- Develop a strong case for reconsideration
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Contact Our Firm Today for Help
A professional license defense lawyer can substantially increase your chances of renewal, even if you have had denials or other legal issues in the past. Schedule a consultation with Bertolino LLP to discuss your licensing needs.