There are 23 Texas Examining Boards that regulate various professions in Texas, as well as other state agencies tasked with regulating certain professions and businesses. These examining boards and agencies, such as the Texas Medical Board, Texas Board of Nursing, and the Texas Department of Licensing and Regulation, are empowered to issue licenses and take disciplinary action against a licensee.
Each board/agency has its own unique enforcement process and complaint investigation procedures. One thing Texas examining boards/agencies have in common is their primary function, the core of their operations: to protect the public.
Texas Examining Boards: What You Need to Know
As a licensed professional there are a few things that are important to know about the function and powers of Texas examining boards.
The Board is Not on Your Side
Understand that the board’s or agency’s function is not to protect you, your license, or your career. The boards/agencies are tasked with and designed to protect the public. If a complaint is filed against you and you are under investigation, do not assume that the board/agency is on your side. It is not. The board/agency will not hesitate to pursue disciplinary action against you. It is critical that you mount a strong defense against allegations of misconduct as soon as you are notified of a complaint.
The Board is Empowered to Discipline You
By Texas law, the examining boards/agencies are empowered with the right to impose and enforce disciplinary action against its licensees.
The board/agency must follow its codified enforcement process and afford you due process. At all stages of an investigation you are entitled to have an attorney represent you. Having and attorney by your side does not make you look guilty. Legal representation and putting forth a strong defense show that you are taking the allegations seriously and are prepared to fight for your right to practice your profession.
Complaint investigations may be resolved by case dismissal, informal settlement, or by formal resolution after a hearing at the State Office of Administrative Hearings (SOAH).
Most compliant cases against licensees are resolved either by case dismissal or informal settlement. The most ideal outcome is to get the complaint against you dismissed. In some cases, a well-crafted initial response to the board will be enough to get the board to drop the case.
Informal settlement can resolve a case when the licensee and board come to an agreed upon Order for disciplinary action. Settlement is not always appropriate, and it is always advisable to have a professional license defense attorney to help you negotiate the terms of any board settlement.
Finally, cases that do not settle are recommended to SOAH for formal resolution. An administrative hearing before SOAH is conducted by an Administrative Law Judge and operates similarly to a courtroom trial. You have the right to representation at any SOAH proceeding. Take advantage of this right.
Hire the Experienced License Defense Attorneys of BERTOLINO LLP
If you have been notified of a complaint filed against you with a Texas examining board, BERTOLINO LLP can help. We are experienced license defense attorneys and we know how to navigate the complaint process against any professional, medical, or vocational license. We are prepared to represent you at any legal hearing or proceeding regarding your license, including:
- Temporary Suspension Hearings
- Informal Settlement Conferences (ISC)
- Show Compliance Proceedings
- State Office of Administrative Hearings (SOAH) Proceedings
With years of combined license defense experience and knowledge, our attorneys thoroughly understand state and federal laws and how they apply to each case. We use this information to custom design the best possible defense for each client we represent. Our tailor-made approach means we will not treat you like a number. Your case matters here.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board, contact us today or call (512) 717-5432 and schedule a case evaluation.