The Texas Department of Licensing and Regulation (TDLR) issues licenses, certificates, and permits to dozens of professions in Texas. Texas state law empowers the TDLR to investigate and resolve complaints received against licensees of the 40 programs it administers.
The TDLR receives over 12,000 complaints every year. Complaints come from three major sources:
- Consumer complaints;
- Internal referrals from routine inspections; and
- Criminal background investigations of applicants and licensees.
Regardless of the source of the complaint, the TDLR’s enforcement process follows the same three-step process. More than 78 percent of TDLR complaints are resolved within six months.
TDLR’s Enforcement Process
The TDLR’s Enforcement Division is responsible for handling the complaints the agency receives. The goal is to have consistency in the investigation and resolution of complaints to ensure effective enforcement against TDLR licensees.
The Enforcement Division moves each complaint through a three-step enforcement process.
- TDLR intake staff review each complaint to determine if a jurisdictional violation is alleged:
- If TDLR has legal authority over the alleged violation, then a case is opened and assigned to an Enforcement Division investigator.
- If TDLR does not have legal authority over the alleged violation, then the complaint is closed for lack of jurisdiction.
- An assigned investigator will perform an investigation into the allegations and facts of the case.
- An assigned prosecutor will review the facts of the case to determine whether it is appropriate to propose disciplinary action.
Complaints may be resolved by informal or formal resolution. Informal resolution can include closing the case for insufficient evidence or issuing a warning letter. Formal resolution can include disciplinary action such as imposing an administrative penalty or suspension or revocation of a license. A licensee has the right to appeal disciplinary action taken by the TDLR to the Texas State Office of Administrative Hearings (SOAH).
Hire an Experienced License Defense Attorney
If you have been notified of a complaint filed against you with the Texas Department of Licensing and Regulation, BERTOLINO LLP can help. We are experienced TDLR license defense attorneys and we know how to navigate the Agency’s complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license.
Our Firm believes that immediately consulting an experienced TDLR license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board or state agency, contact us today or call (512) 476-5757 and schedule a case evaluation.