Texas Department of Licensing & Regulation License Defense Attorney Serving Austin
Austin licensed professionals face a significant number of rules and regulations promulgated by the Texas Department of Licensing & Regulation. Any alleged violation of these rules and regulations can result in an obstacle to a licensed professionals’ ability to practice in Austin. The firm practices TDLR License Defense. From TDLR application Denial Hearings to Notice of Alleged Violations, the firm’s goal is to provide effective and efficient legal representation to the firm’s TDLR License clients in Austin. The firm represents Austin licensees possessing the following Texas Department of Licensing & Regulation professional licenses and business licenses:
Texas Department of Licensing & Regulation License Defense Lawyer Serving Austin
Many individuals and businesses possess businesses, financial and professional licenses issued by TDLR. Many of these licensees are located in Austin. Most TDLR licensed professionals in Austin have minimal or no contact with the disciplinary systems of the Texas Department of Licensing & Regulation. For Austin licensed professionals and licensed businesses who become part of the TDLR disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing TDLR License discipline in Austin should seek legal representation from a TDLR License Defense Attorney serving Austin.
Austin TDLR Investigation Defense Lawyer
The majority of Texas Department of Licensing & Regulation License disciplinary investigations in Austin begin with the filing of a consumer Complaint. However, disciplinary investigations also occur through sting operations, criminal conviction referrals and criminal investigations. TDLR utilizes non sworn civilian investigators to conduct non criminal investigations against licensed professionals and businesses. TDLR works with Austin law enforcement to investigate criminal and administrative law violations committed by Austin professional licensees. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas Department of Licensing & Regulation License disciplinary process. At the conclusion of a TDLR investigation, TDLR has several options. The Texas Department of Licensing & Regulation can choose to close the Complaint. TDLR can choose to issue an Administrative Penalty. The Texas Department of Licensing & Regulation can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Alleged Violation. TDLR legal counsel will determine whether cause exists to file a formal Notice of Alleged Violation. TDLR may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Department of Licensing & Regulation may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Austin Professional License holder facing a Texas Department of Licensing & Regulation License Investigation, contact a TDLR License Defense Attorney serving Austin for representation.
Austin TDLR Notice of Alleged Violation Defense Attorney
A formal Notice of Alleged Violation or Complaint served on a Texas Professional License holder in Austin serves as notice to a licensee that TDLR intends to suspend or revoke the Austin Professional License or Business License. The licensee, now called the Respondent, has only 20 days from the date that the Notice of Alleged Violation was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Austin Professional License or Austin Business License. A Default will result in the immediate Revocation of the Texas Professional License or Texas Business License.
A Notice of Alleged Violation is a serious matter that can result in the suspension or revocation of a Business License or Professional License in Austin. In many cases, it is possible for licensees to reach a settlement with the TDLR. An Agreed Order is a formal term for a settlement agreement. If an Agreed Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH). Licensees facing a Texas Department of Licensing & Regulation Notice of Alleged Violation should contact a TDLR Defense Lawyer serving Austin for representation.
Texas Department of Licensing & Regulation Hearing Attorney Serving Austin
The Texas Office of Administrative Hearings, also known as SOAH, hears TDLR disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock or San Antonio. The TDLR Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Department of Licensing & Regulation and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. TDLR can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Department of Licensing & Regulation’s action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing. Texas Professional licensees facing a TDLR Administrative Law Hearing need effective representation from a Texas TDLR Hearing Defense Lawyer serving Austin.
Texas Department of Licensing & Regulation License and Austin Criminal Convictions
TDLR can discipline licensees for criminal convictions. Administrative Law discipline for Texas licensed professionals primary occurs for felony criminal convictions and criminal convictions related to the practice of medicine. The Texas Department of Licensing & Regulation and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses in Austin that can cause TDLR License discipline are:
Texas Professional licensees facing criminal charges and licensees who are convicted of criminal offenses need a Texas Department of Licensing & Regulation Defense Attorney serving Austin for representation in TDLR disciplinary proceedings.
Austin TDLR License Denial Defense Attorney
The Texas Department of Licensing & Regulation thoroughly investigates all applicants for professional licenses and business licenses in Austin. TDLR may deny a Texas Business License, Texas Financial License, Texas Medical License, and Texas Professional License to students and licensees from other states and countries. Most Texas Professional License denials occur due to criminal convictions, financial problems or misstatements on the License application. Denial Hearings and Notice of Alleged Violation Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a License Denial Hearing, the applicant bears the burden of proof. Businesses and individuals denied a Professional License by TDLR should contact a Texas Professional License Lawyer serving Austin for representation in a Texas Department of Licensing & Regulation Denial Hearing.
Texas Department of Licensing & Regulation Petition for Reinstatement Lawyer Serving Austin
A Petition for Reinstatement allows individuals who have received a TDLR License Revocation to reinstate their Texas Business License, Texas Financial License, Texas Medical License and Texas Professional License. The Petition for Reinstatement may result in an investigation by TDLR. Subsequent to an investigation, the TDLR may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. TDLR may schedule an Informal Conference prior to determination whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement. A successful Austin Professional License Petition for Reinstatement requires representation by a Texas Department of Licensing & Regulation License Defense Attorney.