Common Complaints Made Against Property Tax Professionals
If you are a property tax professional and have been accused of misconduct or negligence, it is crucial to take action to protect your license and defend your reputation.
A complaint against you or your business can result in serious consequences, including fines, suspension, or even a revocation of your license. The best way to protect yourself is to hire an experienced property tax professional license defense attorney.
Typical complaints you may have encountered include:
- Unfair treatment of taxpayers
- Violations of the code of ethics
- Complaints related to breach of fiduciary duty
- Unlicensed activity by property tax professionals
- Licensure issues, including application disapproval, criminal background history, and probationary licenses
- Negligent or improper referrals
- Negligent rebates
- Failure to supervise
- Misappropriation
- Commingling
- Improper form usage
- Failure to disclose
These are just a few more common complaints against property tax professionals.
If allegations were made against you and you’re unsure where to turn for help, contact a license defense attorney on our team for legal guidance and support.
What Happens After Receiving a Property Tax Professional Complaint?
Once the Texas Department of Licensing and Registration (TDLR) receives a complaint, they’ll determine the allegations’ validity. From there, the TDLR will examine whether the allegations involve possible violations of Chapter 1151 of the Texas Occupations Code. The agency may then proceed with a formal investigation, which requires allowing you to respond. Once you respond, the TDLR will review your supporting documents, including photos, witness statements, and other materials.
What does the TDLR Consider Before Making a Final Decision?
Factors taken into consideration by the TDLR before making a final determination include:
- Whether the violation in question was deliberate or accidental
- The severity of the violation
- Whether you were accused of or were found guilty of similar past violations
- Whether you were acting in good faith to avoid or mitigate the violation
- Whether you acted in good faith to correct the violation after it became known
What Happens If the TDLR Cannot Resolve the Issue
If the TDLR cannot reach an informal resolution, you must appear before an administrative law judge (ALJ) at the State Office of Administrative Hearings (SOAH).
Here you will have the opportunity to provide additional evidence and call on witnesses to testify on your behalf. The ALJ will offer a Proposal for Decision, which the board may adopt as a final order or reject and explain why a different final order will be rendered.
Disciplinary Actions Property Tax Professionals Face
If the TDLR believes the allegations against you are valid, disciplinary action could be severe. Disciplinary action types you may be given include:
- A reprimand: A formal warning that is placed in your file.
- A written warning: A written notice that outlines the violation and what corrective action must be taken.
- Mandated continued education: You may be required to take additional courses or seminars related to the violation.
- Administrative fines as high as $5,000: You may be required to pay a fine for the violation.
- Ongoing monitoring: You may be required to regularly submit reports to the TDLR.
- Reporting requirements: You may be required to report any changes in your business or practice.
- Mandated completion of a drug or alcohol treatment program: You may be required to complete a drug or alcohol treatment program if the violation was related to substance abuse.
- Continued testing for illegal drug use: You may be required to submit to random drug tests.
- Probation: You may be placed on probation for a period of time.
- Suspension of your property tax professional license: Your license may be taken away for a specified time.
- Revocation of your property tax professional license: Your license may be revoked permanently.
The penalties you could face vary depending on the complaint type, professional record, past grievances, and other factors.
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Property Tax Professional License Defense FAQ
When professional misconduct allegations have been made, you may be confused and unsure how your life will be affected. To help, we have answered frequently asked questions regarding property tax professional license complaints.
If you have additional questions or concerns not answered below, contact our law firm to discuss your case.
How Long does It Take to Defend My License?
The length of time it takes to defend a property tax professional license can vary depending on the circumstances of your case. For example, the TDLR’s investigation into the complaint against you may take several months. Case complexity, alleged violation severity, and the number of complaints also influence your license defense timetable. Furthermore, it can depend on the availability of the parties and the licensing board’s schedule. This means it could be six months or more before your case is resolved.
Finally, if you are unhappy with the TDLR’s initial response regarding your credentials, you may need to appeal and have your case heard before an administrative law judge. If this occurs, it could significantly increase the time it takes to resolve your case.
Can the TDLR Revoke My Property Tax Professional Certification?
Yes, the TDLR can impose sanctions when they find complaints against property tax professionals valid.However, there may be alternative options to license suspension or revocation. These in clude educational opportunities, remedial training, or other measures that the licensing board determines could prevent future violations.
Your license defense attorney will work tirelessly to help you secure the most favorable outcome in your case and protect your career.
Do I Need an Attorney to Represent Me?
Legally, you are under no obligation to obtain an attorney. However, when defending your property tax professional license, having an experienced attorney advocating for your rights could affect the outcome of your case. The TDLR likely understands the rules and regulations more than you do. Take steps to defend yourself properly by retaining a powerful legal advocate.
Should I Call the TDLR to Explain Myself?
It is never a good idea to directly contact the TDLR in response to a formal notice of investigation or regarding complaints. Anything you say to TDLR investigators or the Texas Real Estate Commission (TREC) can be used against you and your license.
Although you may have the best intentions, making statements or answering their questions could significantly impact retaining or obtaining your property tax professional license. If you receive a notice letter from the TDLR or TREC, you must contact your attorney and have them respond to these agencies.
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Why Hire a Property Tax Professional License Defense Attorney?
If you’re at risk of license denial, losing your license, or facing disciplinary action, a professional licensing defense attorney can help protect your rights and interests. They can represent you in hearings, negotiate with regulatory bodies, and provide legal advice on state law and regulation compliance. Additionally, an attorney can help prepare a defense against allegations of misconduct or professional standards violations.
Hiring an attorney can help ensure your rights are protected, and you have a fair opportunity to defend yourself against accusations or prior criminal convictions. Our lawyers will leave no stone unturned when protecting your career and livelihood.
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