The state of Texas requires of many professionals that they both earn and maintain a license to practice in their given fields. There is a board, commission, or agency that defines the requirements to earn a license in the given field (often strongly informed by historical standards of competence as understood by experts within the fields) for each of these fields. Furthermore, once a professional earns their right to practice within their field, they must follow the rules, regulations, and adhere to standards of professional decorum in order to maintain their license—and, in some cases, they may be required to take continuing education classes in order for their license to remain valid.
The Texas legislature charges the licensing boards with every aspect of licensure; and as government creations, they are considered agencies, designed to perform functions of government. These boards are, for the most part, created with the goal of protecting the public from professional malfeasance. In order to succeed in this mission, the boards undertake such actions as the setting of standards for initial licensure, the requirements for earning credits via continuing education, the collecting and addressing of complaints from the public, dealing with these complaints by way of a formalized process, and the application of disciplinary actions against a licensee when they are found to have violated the norms of a profession.
Determining whether a licensee has engaged in misconduct is a formal process. The law requires that, as government agencies, the licensing boards must afford their licensees due process—meaning that a licensee is always vested with the right to respond to the allegations made against them in a complaint, may (and should) defend themselves as the complaint goes forward, and may (and should) have legal counsel at their side through every stage of the complaint process in order to ensure they are properly defended.
Any professional facing allegations that could lead to formal discipline before a Texas licensing board should contact an experienced professional license defense attorney, like us here at BERTOLINO LLP, as soon as possible after receiving the notice of complaint. The more time we have to craft a response, the better. And the earlier in the process we are involved, the more likely you are to achieve a positive outcome—including a possible dismissal of the complaint. This is our specialty—and we all know how much knowledge a specialty can require. But we can’t help if you don’t contact us.
With offices in Austin, Houston, and San Antonio, we represent attorneys under fire from the Bar across the entire State of Texas. Our honest, experienced attorneys will fight aggressively on behalf of your license and reputation.
Contact us today or call (512) 717-5432 and schedule a case evaluation.