The Texas State Office of Administrative Hearing (SOAH) resolves disputes through an administrative hearing or mediation. In instances when allegations of misconduct filed with a Texas licensing board against a licensee are not resolved by an informal settlement process or through negotiations, adjudication before SOAH may be necessary. License holders who wish to dispute a licensing board ruling may also appeal to SOAH.
The role of SOAH is to “resolves disputes between Texas agencies, other governmental entities, and private citizens.” The office serves as a neutral third party to disputes. It is separate and independent from the agencies involved in licensing disputes. SOAH is not an extension of any Texas licensing board or regulatory agency. The stated objectives of the State Office of Administrative Hearings are to:
- Conduct fair and objective administrative hearings.
- Provide fair, timely, and efficient decisions and proposals for decision.
- Offer the opportunity for parties to resolve their disputes through mediation (or alternative dispute resolution).
SOAH hearings are conducted similarly to a trial, testimony is given, and evidence is proffered. The hearing is presided over by an Administrative Law Judge (ALJ), who will make findings of fact and conclusions of law. Generally, then the ALJ will issue his or her Order and findings of fact and write a recommendation for the licensing board. These recommendations are called Proposal for Decisions (PFD).
Depending on the specific case and the Rules of the licensing board, the ALJ may issue a final decision to which the licensing board must adhere. Alternatively, the licensing board may consider the ALJ’s recommendation and decide your case and any sanctions against you. A license holder can appeal SOAH or licensing board decisions to the Texas district court.
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.
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.
Follow BERTOLINO LLP on Facebook!
View free videos & subscribe to our YouTube channel!
Get a copy of Tony Bertolino’s Bestselling book When Your License is Under Attack: A Survival Guide for Texas Professionals in hardcover or for Kindle here.