An Administrative Hearing is a "trial-like proceeding before an administrative agency or administrative law judge. As in a trial, evidence is proffered and testimony is given." If you are defending your professional license against an attack by a Texas state licensing board, your case may require an administrative hearing.
What is an Administrative Hearing?
Complaints filed against licensees of Texas licensing boards are resolved by Administrative Hearings before the Texas State Office of Administrative Hearing (SOHA). These may also be referred to as "SOAH Hearings."
At the Administrative Hearing, both the licensee and the licensing board will have the opportunity to present their case, produce evidence, and question witnesses. The Hearing is presided over by an Administrative Law Judge (ALJ), who will make findings of facts and conclusions of law. SOAH and the ALJ are to conduct fair and objective Administrative Hearings and are to provide timely and efficient decisions.
At the conclusion of the Hearing, generally the ALJ will write a recommendation for the licensing board. Thereafter, the licensing board will ultimately decide your case and any sanctions against you. However, in some cases the ALJ may issue the final decision to which the licensing board must adhere.
Can I settle my case without an Administrative Hearing?
Yes, it is possible to settle your case without an administrative hearing. In fact, many complaints with Texas licensing boards are resolved by an informal settlement process or through negotiations. Settlement negotiations happen between you and your attorney and the licensing board's representatives. Cases that are not or cannot be settled require adjudication at an Administrative Hearing.
SOAH offers mediation, which gives the parties an opportunity to solve their dispute in a way they mutually agree to. SOAH mediators are ALJ's who are not assigned to your specific case. If the parties try mediation, but do not settle the case, they retain the right to an Administrative Hearing.
Your Right to Have an Attorney Represent You at the Administrative Hearing
You have the right to be represented by an attorney at any Administrative Hearing and the right to an attorney during all stages of the complaint process.
The license defense attorneys of BERTOLINO LLP can help you protect your rights, navigate the legal process, and mount a strong defense. We are experienced license defense attorneys and we know how to navigate the complaint process against any professional, medical, or vocational license. We are prepared to represent you at any legal hearing or proceeding regarding your license, including
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
With years of combined license defense experience and knowledge, our attorneys thoroughly understand state and federal laws and how they apply to each case. We use this information to custom design the best possible defense for each client we represent. Our tailor-made approach means we will not treat you like a number. Your case matters here.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.