If a Texas licensing board or administrative agency has found that you violated the law or are guilty of other misconduct, you have the right to appeal the licensing board's decision. Generally, the process of appealing these types of cases differs from the process of appealing other types of cases.
Most Texas administrative agencies are governed by the Texas Administrative Procedures Act (APA). Under the APA, administrative appeals are to be brought in Austin, Texas. Our Texas Administrative Law attorneys handle appeals from all Texas Administrative agencies or licensing boards. To best serve our clients, our principal office is conveniently located in downtown Austin, Texas.
Appealing an unfavorable ruling is far more difficult than defending yourself against allegations from the start. The fact is, the majority of agency decisions are upheld. It is difficult to overturn a finding of fact by an administrative agency or licensing board. The findings of the Administrative Law Judge (ALJ) who oversaw your original hearing is given a lot of deference by the Texas Third Court of Appeals Judges. The Court reviews appeals searching for evidence that supports the agency's findings of fact. If such evidence is found, the Court is likely to stop there and uphold the agency's decision.
It is difficult, but not impossible, to overturn legal conclusion of an agency. On appeal the Texas Third Court of Appeals reviews questions of the law de novo, which means they take a fresh look at the legal analysis. If the Court finds that the agency errored in its conclusions on the law, the Court may overturn the agency's decision. Our Texas administrative law attorneys are skilled at challenging the legal reasoning of Texas administrative agencies and licensing boards.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
If you need to appeal a licensing board's decision, BERTOLINO LLP can help. We represent licensed professionals across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.
If you have questions or need to speak with an attorney about professional license defense, please call (512) 717-5432 or click here to contact us.