Texas Business License Defense
Texas Business License Defense Attorney
Texas licensed businesses face a significant number of rules and regulations promulgated by Texas Business License Boards. Any alleged violation of these rules and regulations can result in an obstacle to a licensed business’s ability to practice in Texas. The firm practices Texas Business License Defense. From Texas Business License application Denial Hearings to Notice of Alleged Violations, the firm’s goal is to provide effective and efficient legal representation to the firm’s Business License clients. The firm represents Business licensees possessing the following Texas Business Licenses:
Texas Business License Defense Lawyer
Over one million individuals possess Business Licenses issued by Texas Business Licensing Boards. Most Texas licensed businesses have minimal or no contact with the disciplinary systems of the numerous Texas Business Licensing Boards. For Texas licensed businesses who become part of the Texas Administrative Law disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming. Individuals facing Business License discipline should seek legal representation from a Texas Business License Defense Attorney.
Texas Business License Investigation Defense Lawyer
The majority of Texas Business License 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 against licensed businesses. 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 committed by Texas Business 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 Business License disciplinary process. At the conclusion of a Texas Business Licensing Board investigation, the Board 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 Business Licensing Boards 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. State legal counsel will determine whether cause exists to file a formal Notice of Alleged Violation. A Notice of Alleged Violation is called a Complaint by some Texas Administrative Law agencies. Some Texas Business Licensing Boards will hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Business Licensing agency may refer the case to the District Attorney’s Office for criminal prosecution. If you are a Texas Business License holder facing a Texas Business License Investigation, contact a Texas Business License Defense Attorney for representation.
Texas Business License Notice of Alleged Violation Defense Attorney
A formal Notice of Alleged Violation or Complaint served on a Texas Business License holder serves as notice to a licensee that the Administrative Law agency intends to suspend or revoke the Texas 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 Texas Business License. A Default will result in the immediate Revocation of the Texas Business License.
A Notice of Alleged Violation or Complaint is a serious matter that can result in the suspension or revocation of a Business License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas Business 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 Business Licensing Board Notice of Alleged Violation should contact a Texas Business License Defense Lawyer for representation.
Texas Business License Hearing Attorney
The Texas 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 Texas Business License 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 Business License agency and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas Business License Board can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Business Licensing Board’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 Business licensees facing a Texas Licensing Board Administrative Law Hearing need effective representation from a Texas Business License Hearing Defense Lawyer.
Texas Business License and Criminal Convictions
Texas Business Licensing Boards can discipline licensees for criminal convictions. Administrative Law discipline for Texas licensed businesses primary occurs for felony criminal convictions and criminal convictions related to the practice of medicine. Texas Business 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 Business License discipline are:
Texas Business licensees facing criminal charges and licensees who are convicted of criminal offenses need a Texas Business License Defense Attorney for representation in Texas Business License disciplinary proceedings.
Texas Business License Denial Defense Attorney
Texas Business licensing agencies thoroughly investigates all applicants for Business Licenses. The Texas Business Licensing Board may deny a Texas Business License to students and licensees from other states and countries. Most Texas Business 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 Business License by a Texas Business Licensing agency should contact a Texas Business License Lawyer for representation in a Texas Business License Denial Hearing.
Texas Business License Petition for Reinstatement Lawyer
A Petition for Reinstatement allows individuals who have received a Texas Business License Revocation to reinstate their Texas Business License. The Petition for Reinstatement may result in an investigation by the applicable Texas Business Licensing Agency. Subsequent to an investigation, the Texas Business licensing agency may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Some Texas Business 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 Texas Business License Petition for Reinstatement requires representation by a Texas Business License Attorney.
Texas Business License Defense Lawyer
Administrative Law in Texas is standard throughout the state. All Texas Business License Boards generally adhere to the same regulations, rules and statutes governing Administrative Law. Texas Business License Board disciplinary matters can result in the loss of a Texas Business License. Texas Business licensees facing an Administrative Law legal matter should contact a Texas Business License Defense Attorney for representation. The firm practices in the following Locations of Practice representing Texas licensed businesses before the following Texas Business Licensing Boards:
- Public Utility Commission of Texas
- Texas Alcoholic Beverage Commission
- Texas Commission on Environmental Quality
- Texas Department of Agriculture
- Texas Department of Licensing & Regulation (TDLR)
- Texas Department of Motor Vehicles
- Texas Department of Public Safety (DPS)
- Texas Department of State Health Services
- Texas Department of Transportation
- Texas Funeral Service Commission
- Texas Health & Human Services Commission
- Texas State Board of Pharmacy