Blog : Texas Professional License Defense Law Firm : Bertolino LLP

March 14, 2021 Insurance License Defense

When a Texas Insurance Agent is the Subject of a Formal Complaint

Every year, many complaints—numbering in the thousands—are formally filed against Texas insurance agents. Many of these are founded in evidence, but many are not. The Texas Department of Insurance accepts these formal complaints as the body governing the licensing and maintenance of insurance agents. Any insurance agent who has a complaint filed against them may find their license to practice real estate—and with it, their career and livelihood—is in peril. When a member of the...

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March 13, 2021 Posts

Contested Hearings Before Texas SOAH

When a complaint case against a professional's license is not able to be settled—whether because it cannot be for some reason or because one side in the conflict refuses to do so—it will pass through to the Texas State Office of Administrative Hearings (SOAH) for adjudication. Hearings that reach the stage of SOAH adjudication are sometimes referred to as "contested hearings" or "formal hearings." This is by no means the outcome for most cases involving...

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March 12, 2021 Posts

Not Following Advertising Rules Might Cost Texas Realtors Their Licenses

Without advertising, Texas realtors would be hard-pressed for ways to generate clients. Yet those licensed to practice real estate are not permitted by the state to simply release any sort of advertisement they may want to. Rules and regulations pertaining to realtor advertising have been established, ostensibly for the protection of the public. The Texas Real Estate Commission reports that among the most frequent complaints it receives against realtors are violations of these advertising rules....

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Texas licensed professional counselors facing complaints

March 11, 2021 Posts

Elements that Factor into TDLR’s Enforcement Plan

The enforcement plan put in place by the Texas Department of Licensing and Registration was established to explain the sanctions and penalties to which its licensees may be subjected. It covers a gamut of the disciplinary outcomes that may apply to specific violations that are alleged against licensees falling within the Department's purview, according to which statutes and rules apply to a given profession. It also clarifies the elements that factor into the Department's determinations of...

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When the tmb can suspend a physicians license without providing notice

March 10, 2021 Posts

Can the Texas Medical Board Suspend a Physician’s License Without Providing Notice?

There is a general assumption in Texas's administrative law regime that licensees must be given due process before their licenses may be suspended or revoked, and this goes just as much for Physicians as for anyone else. Part of this due process is generally considered to be the giving of notice to a licensee prior to suspension. But there are indeed certain specific situations in which the Texas Medical Board may suspend a medical practitioner's license...

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March 09, 2021 Posts

Does Texas Permit the “Corporate Practice of Medicine”?

In the United States, the licensure of medical professionals occurs on the state level. But it should be noted that there tends to be a great deal of accord between states on which standards and concepts to utilize in regulation and to have their regulatory bodies enforce. In Texas, it is the Texas Medical Board that the Legislature has created to establish the standards for licensure of physicians and maintain those standards by various means,...

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March 08, 2021 Posts

Investigation and Resolution of Complaints Before TDLR

The Texas Department of Licensing and Registration (TDLR) is the licensing body for more than forty professions in the state of Texas. What this means for Texas professionals is that TDLR is the organization that sets the standards for licensure for these professions, maintains and enforces those standards, and engages in disciplinary action against licensees when it determines it necessary. As part of its disciplinary process, it investigates complaints it receives and ushers them to...

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March 07, 2021 Posts

When Off-Duty Behaviors Can Cause Your Professional License to be Suspended

Sometimes professionals forget just how much the rules and regulations which are put in place by their licensing boards, agencies, and commissions can control the non-professional portions of their lives. The jurisdiction these regulatory bodies enjoy is often relatively complete. As a professional, the concept is that individuals live their careers at every level of their being—and therefore, the way a person behaves outside the workplace reflects upon their fitness to engage in their licensed...

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March 06, 2021 Professional License Defense

Texas ACR Certified Technicians Fighting for Their Licenses

Professionals working in the field of air conditioning and refrigeration in the state of Texas must gain their license to do so from the Texas Department of Licensing and Regulation (TDLR) in order to be considered certified technicians. TDLR's Air Conditioning and Refrigeration program was created to regulate contractors hired to install, maintain, or repair refrigeration, air conditioning, or heating. This does not mean that TDLR is there to represent these practitioners. In fact, it...

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March 05, 2021 Posts

Reasons a Texas Nurse May Be Disciplined by the Board of Nursing

Nurses in the state of Texas are regulated by the Texas Board of Nursing. This Board is not just in charge of licensing nurses of every stripe—including nurse practitioners, nurse midwives, and nurse anesthetists—but is also charged by the Texas State Legislature with enforcing the Nursing Practice Act and its own rules and regulations. It provides nursing education and sets minimum standards for the practice of nursing, receives and conducts investigations into complaints against nurses,...

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