When a complaint against a licensee is received by a Texas licensing board or agency, the first step is to conduct an initial investigation of the complaint. It is important to understand that how investigations are conducted, and the complaint resolution process is unique to each Texas licensing body. For example, the complaint enforcement process of the Texas Medical Board is different from the complaint resolution process of the Texas Board of Nursing.
Typically, during the initial investigation, the licensing board will determine whether or not it has jurisdiction over the complaint, and conduct a preliminary assessment of the complaint to ensure: it is the type of complaint the board handles, and that enough evidence exists to potentially support a finding that wrongdoing occurred.
When an Investigation Results in Formal Charges
If a complaint investigation against you results in formal charges, then you will receive formal notice by mail. This notice most typically includes a request for a written response from you. This is your first opportunity to defend yourself against the formal charges pending against you and your professional license. Your initial written responses to the board are critical.
The truth is, a well-crafted initial response can lead the board to dismiss the complaint without taking any further action. It is not uncommon for our firm to secure a dismissal with this single move. While not all complaints can be shut down this early in the process, many can. We urge you to hire a professional license defense attorney to help you defend yourself as soon as you are notified of a complaint.
The notice of charges will also contain a deadline by which you must respond. Do not miss the response deadline. Failure to respond in a timely manner may result in loss of certain rights or defenses that would have otherwise been available to you. Further, even if you fail to respond, the charges against you will proceed forward. Timely responding to the complaint secures your right to defend yourself before the licensing board makes a ruling against you.
In addition to providing written responses to a board complaint, you may have the opportunity to attend an informal settlement conference or enter into other informal negotiations with the board regarding the charges against you. When your license in at risk, your livelihood is on the line―do not miss out on any opportunity to defend yourself.
Remember that your written response will be the first thing the board will see. It is critical to mount a strong defense from the start. In case after case, the attorneys at our Texas-based law firm have successfully helped clients resolve a wide range of complicated legal matters involving professional license defense, medical license defense, and vocational license defense. We know how to build a strong case to protect your license – and your livelihood. Our results speak for themselves.
Our law firm helps professionals, like you, keep their licenses when those licenses are under attack by a state agency or board.
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.
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