The Texas Department of Licensing and Registration (TDLR) licenses and regulates over forty professions in Texas. As the licensing body, the agency handles complaints against licensees. And when warranted, the agency can impose disciplinary action against those it licenses.
TDLR Complaint Investigation
When the TDLR receives a complaint from a consumer or other member of the public the agency’s Enforcement Division assigns it to the intake section for review. An intake legal assistance will analyze the complaint to determine if the TDLR has legal jurisdiction and whether there is evidence to believe a violation of TDLR rules may have occurred.
If during intake it is determined that the TDLR has jurisdiction and that a violation may have occurred, then a case is opened for investigation. At this stage an opening letter is issued to the complainant (the person who made the complaint) and to the respondent (the person against whom the complaint was filed, the licensee).
A TDLR investigator will be assigned the case and will interview the complainant, the respondent, and any pertinent witnesses, either by telephone or in person. The investigator will gather evidence and documents relevant to the case, and may conduct an on-side investigation of where the alleged violation occurred. Once the investigation is complete, the investigator will submit a detailed report of the facts to a TDLR prosecuting attorney. The attorney then proceeds to determine the appropriate resolution of the case.
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TDLR Complaint Resolution
In all cases, the TDLR prosecutor decides how the case will be resolved. If the prosecutor determines that formal enforcement action is warranted, she will issue a Notice of Alleged Violation (NOAV) seeking administrative penalties and possible sanctions against the respondent’s license.
Factors considered by the prosecutor in determining the amount of penalty or level of sanction include:
- The severity or seriousness of the violation.
- Whether the violation was willful or intentional.
- Whether the respondent acted in good faith to avoid or mitigate the violation or to correct the violation after it became apparent.
- Whether the respondent has engaged in similar violations in the past.
- The level of penalty or sanction necessary to deter future violations, both by the respondent and by the industry as a whole.
- Any other matter that justice may require.
The amount of administrative penalties and sanctions that may be imposed against licensees are specific to each program. Sanctions may include a written reprimand, or license probation, suspension, or revocation.
If the TDLR notifies you of a filed complaint or pending investigation, act quickly to mount a defense against the allegations. You do not want to face the licensing board alone. You need an experienced professional license defense attorney by your side, to advocate for your rights and protect your license.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.
Contact us today or call (512) 887-7305 and schedule a case evaluation.
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