Blog - Page 70

Hearsay Exceptions for Administrative Hearings Before SOAH

August 15, 2018Posts

The Texas Rules of Evidence (TRE), which govern nonjury civil cases in district court, apply to contested cases at the State Office of Administrative Hearings (SOAH): "except that evidence inadmissible under those rules may be admitted if the evidence is: (1) necessary to ascertain facts not reasonably susceptible of proof under those rules; (2) not precluded by statute; and (3) of a type on which a reasonably prudent person commonly relies in the conduct of...

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Defending Against Accusations Filed Against Your Professional License

August 14, 2018Professional License Defense Posts

An accusation can be filed against your professional license for alleged violations of the law, alleged violations of the rules of your licensing board, breaches in your duties owed to the public, or other malfeasance. An accusation is lodged in the form of a formal complaint filed with your licensing board. Any individual who holds a professional, medical, or vocational license from a state licensing board, regulatory agency, or commission in Texas may be subject...

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New CIT Training Requirements for Texas Peace Officers

August 13, 2018Professional License Defense Posts

The Texas CIT Association is a nonprofit organization that provides standardized training, support, and education in responding to those affected by mental illness and/or those who are experiencing a mental health crisis. Under Texas Senate Bill 1849 there is new CIT – Crisis Intervention Training – regarding Texas peace officer training. The previous 16-hour CIT training requirement ceased to exists on April 1, 2018. It is replaced with the new 40-hour CIT training requirement. How...

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New Rules for Acupuncture Licensure in Texas

August 10, 2018Posts

Texas acupuncturist are licensed by Texas State Board of Acupuncture Examiners, which is part of the Texas Medical Board (TMB). Recently the TMB adopted amendments to the rules for acupuncture licensure in Texas. Update to Rules on Acupuncture Licensure The amendments pertain to qualifications for licensure. The new language under subsection (a)(5) allows an applicant for licensure to appear before the licensure committee of the Board to request reconsideration of the applicant's ineligibility based on...

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Coping With the Threat of Losing Your Professional License

August 10, 2018Posts

Are you facing a formal complaint filed with your licensing board? If so, you know allegations of misconduct against a licensed professional are serious. When your professional license is in jeopardy due to allegations of misconduct, your career is at stake. The threat of losing your license and livelihood can derail even the most stoic and organized among us. Coping With the Threat of Losing Your Professional License Feelings of anxiety, uncertainty, fear, or generally...

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Attorney for Representation Before Your Licensing Board

August 10, 2018Posts

Often issues regarding professional conduct are resolved through licensing boards and the administrative processes. When a client, patient, customer, or other party files a complaint against you with your licensing board, it begins an investigation into your conduct. This can be frightening even if you believe the allegations are meritless. You do not have to face the licensing board on your own. In fact, you shouldn't! You have the right to have an attorney represent...

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Formal Complaints Filed with the Texas Alcoholic Beverage Commission

August 09, 2018Posts

The Texas Alcoholic Beverage Commission (TABC) regulates every aspect of the alcoholic beverage industry in the state. Duties of the Commission include permitting and licensing, regulating sales, taxation, manufacturing, importing, transporting, and regulating advertising of alcoholic beverages. Restaurants, bars, liquor stores and many other businesses must have a license to sell alcohol in Texas. The application process can often be time consuming and complicated. The Commission says it takes approximately 45 to 60 days to...

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Defending Your License to Practice Law in Texas

August 08, 2018Posts

As licensed attorneys we worked for many years to earn the privilege to practice law in Texas. If your law license comes under attack from a complaint filed with the State Bar of Texas, it is imperative that you take immediate action to defend your license. As an attorney you know that representing yourself is not the answer and that the best course of action is to hire a professional license defense attorney to represent...

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Texas Realtors: How the Code of Ethics Complaint Process Works

August 07, 2018Professional License Defense Posts

The Texas Real Estate Commission (TREC) is the regulatory body for all real estate professionals in Texas, including real estate sales agents, brokers, and real estate inspectors. TREC was established by the Texas Legislature. This is the licensing entity in Texas that handles complaints lodged against any professional real estate license holder. The Texas Association of Realtors (TAR) is a professional membership association. Its mission is to promote and protect private-property ownership and rights, keep...

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What is the Texas Physician Health Program?

August 06, 2018Posts

The Texas Physician Health Program (TXPHP) is an independent and confidential program that serves TMB applicants and licensees affected by substance use disorders, physical illness and impairment, or psychiatric conditions. The TXPHP provides education, recognition, and assistance in diagnosis and treatment for participants through a recovery program adapted and monitored according to their specific needs. The Program serves physicians, physician assistants, acupuncturists, and surgical assistant applicants and licensees of the TMB. The Program is overseen...

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