The Texas Department of Licensing and Regulation (TDLR) issues licenses, certificates, and permits to dozens of professions in Texas. Texas state law empowers the TDLR to investigate and resolve complaints received against licensees of the 40 programs it administers.
The TDLR receives over 12,000 complaints every year. After complaint investigations are completed, TDLR prosecutors decide how the cases will be resolved. If the prosecutor determines that formal enforcement action is not warranted, then she will close the case informally by issuing a closing letter. In cases when the prosecutor determines that formal enforcement action against the licensee is necessary, then a Notice of Alleged Violation (NOAV) will be issued. The NOAV may include administrative penalties and possible sanctions to be taken against the respondent’s license.
TDLR Agreed Orders
When an NOAV is sent, it may contain a settlement offer from the TDLR to the licensee to resolve the matter. The licensee has the choice to accept the settlement offer or proceed forward with defending their license. If the licensee accepts the terms of the settlement offer, then an Agreed Order is issued by the Executive Director of TDLR.
An Agreed Order will typically require the licensee to perform certain actions, such as paying an administrative penalty to the agency, paying restitution, completing additional education, or providing required documentation to the agency. The licensee must comply with all terms set forth in the Agreed Order or may face further disciplinary action by the TDLR.
TDLR Default Orders
A Default Order will issue only if the licensee does not take affirmative action in their case. If the TDLR and licensee fail to reach a settlement that resolves the case and the licensee does not make a timely request for a hearing after receiving the NOAV, then a Default Order will be issued by the Executive Director of the TDLR. A Default Order will typically impose penalties or sanctions against the licensee.
Defending Against a Complaint Filed with the Texas Department of Licensing and Regulation
If you have received a Notice of Alleged Violation (NOAV), then you need a professional license defense attorney to defend you. Throughout the TDLR ‘s investigation process you have the right to defend your licenses. And all professional licensees have the right to be represented at every stage of a complaint. Hiring an attorney to help you mount a strong defense serves to protect your license, reputation, financial interests, and your career; it does not make you look guilty.
BERTOLINO LLP has been defending Texas licensed professionals for years, and we use a creative, results-driven approach to help you get the best possible outcome in your case. Our results speak for themselves.
Contact us today or call (512) 887-7305 and schedule a case evaluation.