Each licensing board, commission, or governing agency in Texas has procedures for handling complaints. Typically, once a licensing body receives a complaint, it’s assessed to determine if the agency has jurisdiction and the nature and severity of the allegations. Then, the agency will investigate if a law or regulation appears to have been violated.
In most cases, the regulatory board will notify you of the complaint and request a written response from you, along with other documentation connected to the complaint. They may also want to interview you as part of the investigation process. Though you have a right to be heard and share your response to the allegations, you should not do so without legal counsel. Contact our client relations coordinator today to schedule a consultation and learn how our Texas professional licensed defense attorneys can advocate on your behalf.
Receiving a Professional License Investigation Notification
Nobody enjoys learning about a complaint against their license. Many of your professional decisions are made with the goal of avoiding this exact situation.
When you receive a notice of investigation, it usually means someone has made an allegation, and the agency, board, or commission has determined it must investigate those claims.
Texas licensing boards, agencies, and commissions can take disciplinary action against you, including imposing fines, putting your license on probation, suspending it, and even revoking it. With everything at stake, how you respond to this notice of investigation is profoundly important.
When you receive notice of a complaint from a licensing board or agency, it is important to take the situation seriously and act quickly. Ignoring the allegations won’t make them go away, even if you know you did nothing wrong.
Texas licensing agencies and governing boards have the power to suspend or revoke your license and impose fines and sanctions. Remember that the primary role of these government regulatory agencies is to protect the public so they are not there to help you and are largely indifferent to your plight.
Responding to the Allegations
You can respond to the complaint and explain your side if you are under investigation. You can also appeal any disciplinary action the board or agency ultimately may take against you. Having an attorney look at the complaint letter before responding is crucial to improving the likelihood of a positive outcome.
While your knee-jerk reaction may be to explain yourself, doing so can worsen matters. So before participating in an interview, submitting a written response, or agreeing to an investigative site visit to your premises, please seek legal advice from a qualified, licensed defense attorney.
Please keep in mind that the period of time during which you can respond to a complaint will vary depending on the agency. Time is of the essence in these cases, and the sooner you contact us, the more time we will have to build your case and fight to protect your license.
Presenting Your Side at a Formal Hearing
If you cannot resolve the complaint after the investigation is completed, you typically have the right to be heard at a formal hearing. For most Texas agencies, this hearing is presided over by an administrative law judge (ALJ) at the State Office of Administrative Hearings.
You and the board can present evidence to support your positions at the administrative hearing. Having a qualified attorney on your side is invaluable during this stage and throughout the license defense process.
The ALJ will consider the evidence and issue a written proposal for decision to you and the agency. Within legal limitations, the agency can then accept, reject, or amend the proposal and issue a final agency order resolving your complaint.
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Things To Keep in Mind When Facing an Investigation
You put a lot of time and effort into earning your professional license. Whether you’re a teacher, doctor, nurse, pharmacist, lawyer, accountant, engineer, or other licensed professional, we know you worked hard to complete your education and earn your Texas license. We also understand that you care about the people you serve.
Finding out someone has filed a formal complaint against you can understandably send you into a panic. Our team is here to reassure you that you have legal recourse and can fight back to protect your livelihood and reputation. We can evaluate your case, answer your questions, and defend your ability to continue in your profession.
As experienced licensed defense attorneys, we want you to keep the following in mind:
Understand the Significance of the Investigation
While the allegations against you may be unjust or meritless, facing a licensing board investigation is serious. Losing your license, even temporarily, could damage your career.
This is because Texas licensing boards and agencies have the power to take a variety of adverse actions as part of the disciplinary process, including the following:
- License suspension
- License revocation
- Probation
- Fines
- Remedial education
- Require payment of restitution
- Reprimand
Be Proactive in Your Defense
One of the ways to be proactive during an investigation is to respond promptly. Your attorney will craft a thorough response that will lay the foundation for a strong defense.
Your professional license defense lawyer will know how to effectively convey your side of the story while avoiding anything that could be viewed as an admission of guilt. Sometimes, a well-written first response will be enough to dismiss the allegations. Conversely, responding to a complaint without an attorney’s help can damage your case.
Do Not Say Anything Without Your Attorney’s Guidance
Anything you say verbally or in writing can be misconstrued and used as evidence against you. Even the evidence you provide to defend yourself can be misused to support the case against you.
That’s why we strongly advise allowing an experienced attorney to guide you through the investigation and handle all communications with the licensing board.
Realize that the Licensing Board does Not Have Your Best Interests at Heart
The licensing board is not on your side. Their purpose is to protect the public, not your interests.
At every stage of the investigative process, it is important to remember that the licensing board is not your friend, and they are not there to help you.
Keep your guard up, and avoid making statements or decisions without consulting your lawyer.
Remain Calm and Be Careful What You Say
Being angry, defensive, or scared is normal. You may need to vent and express your anger, and we encourage you to be open and honest with your attorney about these feelings.
However, it is important to express your emotions behind closed doors. Angry outbursts during a formal hearing or in front of someone from the licensing agency can damage your case. You should also avoid posting impulsively on social media or discussing your case with anyone who the other side could call as a witness.
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We Are Here to Defend Your Professional License
At Bertolino LLP, we understand the stress you may be experiencing regarding an investigation related to your professional license. That’s why we will leave no stone unturned when building your defense and proving your compliance with board rules and state laws.
As soon as you are notified of a complaint against your license, it’s time to consult with an experienced attorney. No matter which Texas licensing agency you are contending with, we provide compassionate and effective legal support during this challenging time.
Contact us today for a free appointment with a Texas license defense attorney.
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