If after a complaint investigation and litigation, you disagree with the outcome of a licensing board's case against you, then you can pursue your right to appeal the decision.
What Can I Do If I Disagree with the Licensing Boards Decision?
If a Texas licensing board or other Texas administrative agency has found that you violated the law, board rules, or are guilty of other misconduct, you have the right to appeal the licensing board's decision.
Licensing issues fall under the purview of administrative law, and as such, the process of appealing cases involving regulatory agencies and licensure issues differs from the process of appealing other types of cases.
The majority of 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 experienced Texas Administrative Law Attorneys are well-versed in license defense and handle appeals from all Texas licensing boards.
Final Licensing Board Decisions
The APA contains certain mandates to which final decisions handed down from licensing boards or regulatory agencies must comply. A decision or order may become final only when:
- It is in writing and signed by an authorized person.
- It includes findings of fact.
- Findings of fact may be based only on the evidence and on matters that are officially noticed.
- Findings of fact, if set forth in statutory language, must be accompanied by a concise and explicit statement of the underlying facts supporting the findings.
- It includes conclusions of law.
10 Tex. Gov. Code §2001.141. Given the detailed and necessary information that is required in final board orders, it is difficult to win on appeal. The fact is, the majority of agency decisions are upheld.
It is difficult to overturn findings of fact by a licensing board. Deference is given to the facts in the final order. The Court reviews appeals searching for evidence that supports the board's findings of fact. If such evidence is found, the Court may stop their review there and uphold the board's decision.
It is also difficult to overturn the 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 of law, the Court may overturn the agency's decision.
The truth is appealing an unfavorable ruling is far more difficult than defending yourself against allegations from the start. The best course of action is to mount a strong defense from the very beginning of the complaint process. We encourage any licensee who receives a notice of complaint from their board to consult with an Administrative Law Professional License Defense Attorney immediately.
Appealing a Licensing Board Decision
Appealing board decisions may be difficult, but not impossible. Our Texas Administrative Law and Professional Defense Attorneys are skilled at challenging the legal reasoning of Texas licensing board and regulatory agencies. Our results speak for themselves!
If you need to appeal a licensing board's decision, BERTOLINO LLP can help. With offices in Austin, Houston, and San Antonio, 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.
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