The state of Texas requires tow truck operators to obtain a license in order to legally perform their career function. The agency in charge of licensing and regulating tow truck operator licenses is the Texas Department of Licensing and Regulation. This is the agency that receives, processes, and prosecutes formal complaints made against tow truck operators—at which point the livelihood of the driver is a very real risk of being swept out from under them.
Tow truck operators must obtain one of three forms of license from the Department. There is the Consent Tow Operator license, which permits its holder to tow only under consent towing conditions. The Private Property Tow Operator license permits its holder to engage in both private property towing conditions and consent towing conditions. And then there is the Incident Management Tow Operator license, permitting a driver to engage in all three of incident management towing conditions, private property towing conditions, and consent towing conditions.
In order to qualify for the Incident Management Tow Operator license and the Private Property Tow Operator license, an individual must complete a certification program that is offered by third-party providers.
Any tow truck operator covered by one of these three licenses is subject to formal complaint procedures. When the Department receives such a complaint, it starts by evaluating the complaint's allegations to ensure that it has jurisdiction over them. If so, it informs the licensee of the complaint and opens an official investigation, which is referred to the Towing and Storage Advisory Board. This organization, if it makes an initial finding that the claim is a valid one, then holds a hearing. This is where the licensee and the Advisory Board may either form an agreement on a resolution to the complaint (and the disciplinary action to be levied against the licensee) or permit the case to proceed to a formal hearing before the State Office of Administrative Hearings. These don't often go well for licensees who have decided to face the process without an experienced professional license defense attorney.
In fact, the notification of complaint that you receive from the Texas Department of Licensing and Regulation should spur you into immediate action. From the get-go of the complaint process—and whether or not you believe there is basis for the complaint—it is up to you to take every conceivable action to get the complaint dismissed. And your very first step should be to call us here at BERTOLINO LLP as soon as you are able. Failing to do so may well mean the loss of your license.
Contact a Tow Truck License Defense Attorney
BERTOLINO LLP provides aggressive advocacy for establishments and professionals who are facing disciplinary action before a licensing body—for any reason. We know how to build a strong case to protect your license—and your livelihood. We highly recommend that no professional attempt to handle a complaint made against their license without the aid of a professional license defense attorney.
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!
If you are facing disciplinary action, contact us today or call (512) 717-5432 and schedule a case evaluation.