Put succinctly, administrative law is a form of public law that governs all the activities undertaken by a government’s administrative agencies. Among the types of activities undertaken by government agencies are:
- The making of rules to fill out details or particulars of the law under question;
- Adjudication of issues within the agency’s determined competence;
- Enforcing regulatory agendas, which tend to be quite specific in scope; and
- Defining and enforcing the standards and practices germane to earning professional licenses and maintaining them.
Generally, agencies are considered part of the executive branch of a given government, but agencies do crop up in the legislative and judicial branches as well. Generally, though there are some “independent agencies,” the executive branch will be responsible for the running of an agency, even when it is created by a legislative body.
Regulations do exist to constrain the activities of agencies since they often act like miniature versions of the overall government. This is to say: the rulemaking element of an agency is its legislative element; the adjudication of issues within its competence is its judicial element; and the activities of agency enforcement personnel is its executive element. As such, on the federal level, we have the Administrative Procedure Act (the APA), passed in 1946, to ensure these agencies comply with the requirements of Due Process.
State administrative law is similar in behavior to that of the federal government. In Texas, the Texas Administrative Code compiles the rules of all the state agencies, with 17 titles that each represents a separate subject, with its own related agency. The agencies themselves are responsible for the interpretation and enforcement of their own rules—within limits.
Meanwhile, there are dozens of licensing boards in addition to these agencies at work in Texas. For example, attorneys are regulated by the State Bar of Texas, doctors by the Texas Medical Board, behavior analysts by the Texas Department of Licensing and Regulation, and so on. Each licensing board has been created by statute—and each of them is required by law to handle complaints filed against people holding licenses they have issued.
When a licensee has his or her license revoked by one of these boards and a conflict ensues, the contest can proceed to the Texas State Office of Administrative Hearing (SOHA), which acts as an independent forum for the solving of disputes among state agencies, licensing boards, other governmental agencies, and private citizens. A licensee whose license has been revoked is entitled to representation by an attorney.
Hire the Experienced License Defense Attorneys of BERTOLINO LLP
If you have been notified of a complaint filed against you with a licensing board, agency, or commission in Texas, 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.