The Texas Department of Licensing and Regulation (TDLR) regulates over forty programs in Texas. When complaints are filed against its licensees it has a duty to investigate, and in certain cases, to impose disciplinary action.
At the start of an investigation, the TDLR may issue an opening letter to the licensee alerting them to the allegations and pending investigation; however, for certain complaints, opening letters may not be issued due to the type of investigation to be conducted. Though generally the licensee is alerted to the investigation.
The investigator will interview relevant parties, gather copies of documents and evidence, and conduct any necessary on-site visits. Once the investigation is complete, the investigator will submit a detailed report of the facts to a TDLR prosecuting attorney who will decide how the case will be resolved.
If the prosecutor decides to pursue an administrate penalty, then the licensee will receive a notice of alleged violation, which must include:
- A brief summary of the alleged violation,
- the amount of the recommended administrative penalty, and
- That the respondent has the right to a hearing to contest the alleged violation, the amount of the penalty, or both.
Tex. OCC §51303. Notice will also be sent to licensees for allegations of violates that may carry sanctions beyond paying a fine, which may include suspension of the license, probation, a written reprimand, or outright revocation of the license.
The TDLR Sent Me A Notice of Violation and Penalty, What Can I Do?
If you are a TDLR licensee and have received a Notice of Alleged Violation there are a number of things you can do to protect your license. Licensees are entitled to a hearing conducted by the State Office of Administrative Hearings (SOAH). You have 20 days from notice to request a hearing.
Consult with a TDLR License Defense Attorney. You have the rights that need to be protected, including the right to defend your license. An experienced professional license defense attorney can protect your rights and help you mount a strong defense against allegations.
Have An Advocate on Your Side
If you have been notified of a complaint filed against you with the TDLR, or have already received a notice of violation and penalty, BERTOLINO LLP can help. We are experienced TDLR professional license defense attorneys and we know how to navigate TDLR's complaint process.
We are prepared to represent you at any legal hearing or proceeding regarding your professional license. Our results speak for themselves. Contact us today or call (512) 717-5432 and schedule a case evaluation.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. 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. If you are facing disciplinary action from a professional licensing board, contact us now at (512) 717-5432 to schedule an initial consultation.