The amount of power that licensing agencies, boards, and commissions in Texas wield over the licensees is remarkable. These boards are the result of statutes passed by the Texas legislature, which provides them with special powers, commonly enumerated in those statutes, in the Texas Administrative Code, or in rules adopted by the boards (and often in all three). And one power common to all Texas licensing boards is that of disciplinary action against the licenses of the license holder—though of course, they must adhere to the standards of due process.
Among the actions that licensing boards may take are:
- Mandating continuing education
- Requiring ongoing monitoring or additional reporting requirements
- Testing for illicit drug use
- Mandating participation in a program for drug or alcohol addiction
- Issuing a written warning or reprimand
- Issuing a monetary fine
- Suspending a license
- Putting a license under probation
- Completely revoking a certification/license
Often this comes as a downstream result of a complaint filed against the license-holder by a member of the public. No professional enjoys learning about a notice of complaint against their license. It means that the agency, board, or commission in charge of the professional’s licensure regime has reviewed the complaint and determined that the action or inaction alleged does fall within their jurisdiction to investigate—and that the investigation has officially begun in earnest. The professional’s license is now in danger, and their career and livelihood are at stake.
This is why the way the professional response to this notice of complaint is so profoundly important. A professional under fire should recall that licensing boards' purpose is to protect the public, which means these boards are likely to behave in an adversarial manner toward the licensee that is under investigation.
Contact an experienced Texas professional license defense attorney if you were notified of a complaint
The attorneys at BERTOLINO LLP are experienced professional license defense attorneys. We are prepared to represent you at any legal hearing or proceeding regarding your license. BERTOLINO LLP represents licensed professionals across the entire State of Texas. To best serve our clients we have offices in Austin, Houston, and San Antonio. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.
Contact us today or call (512) 717-5432 and schedule a case evaluation.