The Texas Department of Licensing and Registration (TDLR) regulates forty professions and industries in Texas. The agency’s mission is: “To honor the trust of all Texans, safeguard the public, and provide a fair and efficient licensing and regulatory environment at the lowest possible cost.”
The TDLR Enforcement Division
The TDLR Enforcement Division is responsible for investigating and resolving complaints filed against the industries, occupations, and professions that are regulated by the agency. For example, when a complaint is filed against a Texas midwife, it is handled by the TDLR Enforcement Division.
The Enforcement process involves intake, investigation, and prosecution. There are over 100 employees in the division, consisting primarily of investigators, attorneys, and legal assistants.
Intake
During intake the complaint is reviewed to ensure TDLR has jurisdiction over the matter alleged and whether the complaints contains enough information for the TDLR to begin an investigation.
Investigation
The investigators are neutral gatherers of information. Their job is to develop a detailed account of the facts and circumstances surrounding the matter that is the subject of the complaint. Investigators will interview witnesses, gather documentary evidence, possibly consult with expert witnesses, and in some cases there will be an on-site investigation of a situation. Once the investigation is complete, the investigator will turn over a report to a TDLR Enforcement Division prosecutor.
Prosecution
The prosecutors are responsible for ensuring the proper resolution of each case in the Enforcement Division. If the evidence gathered by the investigator reflects a violation of agency rules or other statutes, the prosecutor may pursue administrative penalties or license sanctions, or may close the case informally if the circumstances warrant such a resolution.
Number of Cases the TDLR Enforcement Division Handles
In Fiscal Year 2018, the TDLR opened 10,585 cases based upon complaints lodged by consumers, a TDLR department, or based on a licensee’s criminal history. During that same time period, the agency closed 9,833 cases. The average time it takes to close a case is 140 days, with 75% of cases being resolved within six months of being opened. In FY 2018, the TDLR took disciplinary action in 23% of all resolved cases.
Handling Professional Licensing Issues in Texas
If you are experiencing a licensing issue in Texas, we can help. BERTOLINO LLP provides aggressive advocacy for professionals who are facing disciplinary action in front of a licensing board, agency, or commission in Texas. We know how to build a strong case to protect your license – and your livelihood.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
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. Our results speak for themselves!
Contact us today or call (512) 887-7305 and schedule a case evaluation.
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