Texas Administrative Law
Texas Administrative Law Attorney
The firm practices Texas Administrative Law. Administrative Law is the laws, regulations and rules that governs disciplinary proceedings with government agencies and other public entities. Millions of individuals and businesses in Texas maintain licenses issued by Texas Administrative Licensing Boards. These licenses and permits are often subject to disciplinary action by Texas Administrative licensing entities. Many other individuals in Texas are subject to the regulatory oversight of Texas state and local agencies. The Texas Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Administrative Law proceedings in Texas should seek legal representation from an experienced Texas Administrative Law Defense Attorney. Administrative Law in Texas involves several different practice areas:
- Texas Medical License Defense
- Texas Professional License Defense
- Texas Business License Defense
- Texas Financial License Defense
- Texas Business Regulatory Compliance
- Texas Education Law
- Texas Municipal Business License Defense
Texas Administrative Law Investigations Lawyer
The majority of Texas Administrative disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also occur through sting operations, criminal conviction referrals and criminal investigations. Many Texas Administrative Law agencies utilize non sworn civilian investigators to conduct non criminal investigations. Some Texas Administrative entities employ sworn Peace Officer Investigators to conduct criminal investigations arising from criminal law. These employees investigate criminal and administrative law violations. 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 Administrative Law disciplinary process. At the conclusion of a Texas Administrative Law investigation, the Texas licensing entity has several options. The Texas Administrative Law agency can choose to close the Complaint. The Texas Administrative agency can choose to issue an Administrative Penalty. Texas Administrative entities can also choose to refer the matter to its respective legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Alleged Violation or Complaint. State legal counsel will determine whether cause exists to file a formal Notice of Alleged Violation or Complaint. In cases involving criminal conduct, the Texas Administrative Law agency may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Texas Professional License holder facing a Texas Administrative Law investigation, contact a Texas Administrative Law Defense Attorney for representation.
Texas Professional License Notice of Alleged Violation Defense Attorney
A formal Notice of Alleged Violation or Complaint served on a Texas Professional License holder serves as notice to a licensee that the Administrative Law agency intends to suspend or revoke the Business or Professional License. The licensee, now called the Respondent, has only 20 days from the date that the Notice of Alleged Violation or Complaint 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 Texas Professional licensee. A Default will result in the immediate Revocation of the Texas Administrative license.
A Notice of Alleged Violation or Complaint is a serious matter that can result in the suspension or revocation of a Business or Professional License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas Administrative Licensing Board. 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) or similar Administrative Law Hearing venue. Licensees facing a Texas Licensing Board Notice of Alleged Violation or Complaint should contact an experienced Texas Administrative Law Defense Lawyer for representation.
Texas Administrative Law Hearing Defense Attorney
The Texas State Office of Administrative Hearings, also known as SOAH, hears most Administrative Law 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 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 license agency and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas licensing agency can adopt, modify or reject the ALJ’s Proposal for Decision. The Administrative Licensing entities 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 Business and Professional licensees facing a Texas Licensing Board Administrative Law Hearing need effective representation from a Texas Administrative Hearing Defense Lawyer.
Texas Administrative Law and Criminal Convictions
Texas Administrative Licensing Boards can discipline licensees for criminal convictions. Administrative Law discipline primary occurs for felony criminal convictions and criminal convictions related to the respective Business or Professional License. Texas Administrative Licensing Boards and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas Administrative License discipline are:
Texas Administrative licensees facing criminal charges and licensees who are convicted of criminal offenses need an experienced Texas Administrative License Defense Attorney for representation in Texas Administrative Law disciplinary proceedings.
Texas Administrative Law License Denial Defense Attorney
Texas licensing agencies thoroughly investigates all applicants for Business and Professional Licenses. The Texas Licensing Board may deny a Texas Business or Professional License to students and licensees from other states and countries. Most Texas Administrative License denials occur due to criminal convictions, financial problems or misstatements on the License application. Denial Hearings, Notice of Alleged Violation Hearings and Complaint 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 License by an Administrative Law agency should contact a Texas Administrative License Denial Lawyer for representation in a Texas Professional License Denial Hearing.
Texas Administrative Law Petition for Reinstatement Lawyer
A Petition for Reinstatement allows individuals who have received a Texas Professional License Revocation to reinstate their Professional License. The Petition for Reinstatement may result in an investigation by the applicable Texas Licensing Agency. Subsequent to an investigation, the Texas Administrative Law licensing agency may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Some Texas licensing agencies 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 Business or Professional License Petition for Reinstatement requires representation by an experienced Texas Administrative Law Attorney.
Texas Administrative Law Licensing Lawyer
Administrative Law in Texas is standard throughout the state. All agencies and licensing entities generally adhere to the same regulations, rules and statutes governing Administrative Law. Administrative Law disciplinary legal issues can result in the loss of a business or professional license. Individuals and businesses facing an Administrative Law legal matter should contact a Texas Administrative Law Lawyer for representation. The firm represents clients in the following Locations of Practice representing individuals and businesses before the following Texas licensing entities: