Professionals in Texas are a dedicated bunch. They get extra education and jump through many hoops in order to achieve their licenses to practice their professions. So it can be a real kick in the teeth when a professional is served a notice of complaint from their governing board, agency, or commission. These governing bodies are instituted with the goal of maintaining the integrity of whichever professions they are in charge of, and this includes the review and investigation of complaints made against their practitioners. But a license holder need not go it alone.
Any complaint investigation against a professional’s license in the state of Texas provides license holders with a number of chances to defend themselves. Generally, after determining that the governing body does have the jurisdiction to investigate and discipline a licensee based on the content of the complaint made against them, the investigating body will issue a request for information and response to the complaint from the license holder.
This point—right as the investigation begins in earnest—is the right time to pull in a professional license defense attorney. We can aid you in constructing a strong response to the notice of complaint, even potentially getting the allegations dismissed—something that tends to take considerable expertise. Even if the allegations are not dismissed, this is the time to do everything possible to constrain the scope of the investigation to come. It takes someone familiar with professional license defense to know what information to include and what to leave out in order to guide the investigation in a beneficial direction. And we can stand by the license holder in any agency hearing.
Some worry that involving an attorney will cause the governing body to view them through a lens of guilt. Nothing could be further from the truth. Think about it like this: the licensing board requires prospective licensees to show that they are very serious about obtaining a license in their chosen profession in the first place. Why would they penalize someone for refusing to be any less serious about keeping their license and maintaining their reputation in the industry? Board, agency, and commission investigations tend to be prosecutorial against licensees at any rate. Having a lawyer along doesn’t make things worse—it just makes good, professional sense as a way to make things better.
This is why, as soon as the letter arrives informing a professional of a complaint alleging they have committed violations, they should contact a qualified and experienced professional license defense attorney. The more time we have to craft a response, the better. And the earlier in the process we are involved, the more likely the licensee is to achieve a positive outcome—up to and including a dismissal of the complaint. But we can’t help if we aren’t contacted.
The experienced professional license defense attorneys at BERTOLINO LLP are skilled at navigating the complaint process. We are prepared to represent you at any legal hearing or proceeding regarding your professional license. With offices in Austin, Houston, and San Antonio, we serve clients all over the state. As experienced attorneys, well-versed in state and federal laws, we know how to win. Contact us today or call (512) 717-5432 to schedule a case evaluation.