When a complaint is made against a professional’s license, it can be a natural form of response to “bury one’s head in the sand,” so to speak. This manifests in various avoidant behaviors, perhaps the most common of which is missing a response deadline set by the agency board to which a licensee is subject, out of an unwillingness to think about the whole thing. But this is a terrible mistake for a licensee to make. You definitely don’t want to miss that board response deadline.
The first response requested by a board or agency is most often a written narrative that wrangles with the allegations made against the professional and that includes any records relevant to the complaint. One way of looking at this is as the professional’s first chance to give their own testimony to rebut the complainant’s version of the alleged events that gave rise to the complaint—and may include witness testimony defending the professional’s position, behaviors, or decisions. This has a great deal of importance in setting the direction of the proceedings to come, and can even be integral to the final outcome of the complaint process.
Diligence is paramount, here—even if it goes against a professional’s every innate urge. Whichever professional licensing board it is that requests this response, failure to respond in time will subject the professional to serious consequences. The majority of Texas licensing boards have instituted rules that classify failure to respond or tardiness of response to a board complaint as a violation of the board’s other rules—making a failure to respond the basis for further sanction. And, at the least, missing the deadline will tarnish the professional’s credibility in the eyes of the very board that is charged with investigating the validity of the licensee’s right to continue practicing their chosen profession. Not a good way to start building a defense of one’s license.
There are circumstances under which a board may grant additional time to respond. But this does require that the licensee make their request for an extension before the initial deadline has passed.
At BERTOLINO LLP, we have a great deal of experience at drafting effective responses to complaints made against professional licenses. But we need time to work with you in order to do so! So you should contact us as soon as you can after learning of a complaint against your license.
Professional 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 have consistently won significant cases for podiatrists, other 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.