If you are facing allegations of misconduct or other malfeasance with a Texas licensing board or regulatory agency, you may be wondering if hiring an attorney is necessary. Whether you believe the complaint filed against you to be baseless, or if you are concerned that in that one instance your actions may have been questionable, it is a good idea to hire an attorney. An experienced license defense attorney will help you defend your license, livelihood, and career.
What Can A License Defense Attorney Do To Contest Allegations Made Against Me?
Our Firm believes that immediately consulting an experienced professional license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case.
Your attorney will craft a defense strategy specific to your case. License defense attorneys have in-depth knowledge of the board’s complaint process and administrative law. A professional license defense attorney understands how to pinpoint the weaknesses in the board’s case against you and how to effectively demonstrate that your actions were lawful and in accordance with relevant rules and regulations.
Contesting Allegations in Initial Responses
When you are first notified of a complaint lodged against you, the majority of Texas licensing boards will ask for a written response. Understand that your initial responses to the board are critical to the ultimate outcome of your case. Your license defense attorney can be instrumental in crafting an effective response. It is important that you respond thoughtfully and thoroughly to each allegation in the complaint. Include copies of any relevant evidence you have. Make sure not to run afoul on any privileged or confidential information without first verifying that an exception applies or that there is a valid waiver in place.
It is not uncommon that we are able to get a complaint against our client dropped at this initial stage with a strategic, well-crafted initial response to the complaint allegations. To better understand the importance of taking immediate steps to defend yourself and your license, read about some of our case results here.
Contesting Allegations in the Investigation Stage and Informal Proceedings
During the investigation your attorney can speak with the investigator assigned to your case. Your attorney will be able to uncover the basis for the allegations made against you, review evidence the Board has, and gather evidence to bolster your defense. During the investigation there may be an opportunity to have the complaint dismissed or settled prior to a formal administrative hearing at the State Office of Administrative Hearings (SOAH).
Contesting Allegations During Formal Proceedings
Formal proceedings before the State Office of Administrative Hearings (SOAH) operate similarly to a courtroom trial. The hearing is presided over by an Administrative Law Judge and each side has the opportunity to argue their case and present evidence and witness testimony.
When you hire a professional license defense attorney you will have an advocate on your side. Your license defense attorney will contest the allegations made against you by weakening the Board’s case and utilizing evidence and witness testimony to show that you did nothing wrong. Your attorney can help you protect your rights, navigate the legal process, and mount a strong defense.
Aggressive and Effective License Defense
BERTOLINO LLP provides aggressive advocacy for professionals who are facing disciplinary action in front of a licensing board, agency, or commission in Texas. We help professionals keep their licenses. We have consistently won significant cases for doctors, nurses, lawyers, architects, pharmacists and other professionals dealing with issues that could jeopardize their ability to work. We know how to build a strong case to protect your license – and your livelihood.
For more information on defending your license against an attack by a state agency or licensing board, read our articles:
- What Are My Legal Options After Receiving A Complaint Notice?
- Defending Your Professional License in Texas: What You Need to Know
- Your Right to an Attorney When Your Texas Professional License Is Under Attack
For guidance in your particular case, contact us today to schedule a case evaluation.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Our results speak for themselves!
If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.