You must secure a license to perform certain professional duties. Whether you are a doctor, a teacher, an engineer, or some other practitioner, a professional license plays an important role in your career and livelihood. A license enables you to pursue your chosen career, allowing you to support yourself and your family financially. Licensing boards have the duty of imposing penalties on professionals who are accused of or have been charged with a crime. Sometimes, accusations that lead to investigations or disciplinary proceedings can be false, attracting undeserved punishment from the board. Licensing boards’ primary duty is to ensure that you carry out your duties correctly and respectfully serve your clients. You should never give up on your professional license, no matter how complex the allegations against you. Consult a reputable licensing attorney if you or your loved one is facing disciplinary measures because of a license complaint.

Strategies For Protecting Your Professional License

Various offenses, violations, or negligence can attract disciplinary measures from different professional boards. There are general principles that apply across various situations, even if each one is unique. The following are strategies you can adopt if you receive a notification of allegations filed against you:

Act As Fast As Possible

You should take immediate action once you receive a notification that your license is under review. Professional boards often take allegations seriously, including imposing penalties that can have a significant impact on your career. You should seek the services of an experienced attorney as fast as possible. This strategy can help you avoid costly mistakes and help you resolve issues before they get out of hand. The board’s punishment can be overwhelming if you have experience working with these situations.

Avoid handling your issues solely. Consult your licensing attorney before speaking with a board investigator or responding to a letter from the licensing board. If you take on your issues solely, you could make mistakes that can hurt your chances in court. The more you talk to the board and investigators, the more you give information that could be used against you.

Consult A Skilled License Attorney

You can save money and time if you secure the services of a professional licensing attorney in the initial stages of a disciplinary proceeding. An attorney can help you settle a disciplinary proceeding or inquiry informally. This could help you obtain a favorable outcome in much less time and at a lower cost. If you handle it alone, you could be involved in a formal disciplinary proceeding.

Facing disciplinary action can be a terrifying situation. There are many reasons why you should avoid taking on your case solely in the initial stages. Trying to represent yourself will cost you more, particularly if you factor in the cost of peace of mind. Solving your case quickly will save you sleepless nights and stressful days, as disciplinary measures can be overwhelming.

Choose The Right Attorney As Your Partner

You need a license-defense attorney to guide you, but it can be challenging to find the right one. You need an attorney who goes beyond filing motions and fees. Similarly, an attorney should be familiar with legal processes, local courts, and the judges who preside over them. A good attorney has experience in managing disciplinary processes for various professional licensing boards. You should choose an attorney who has the following qualities:

  • Should be able to establish a working relationship with the other opposing attorneys and board investigators
  • Should identify the necessary steps to take to improve your chances of having the charges dropped
  • The attorney should have the knowledge of how various boards address license accusations and investigations, and should be able to predict the measures a given board will take based on its disciplinary history.

Always be ready for anything because you do not know what will happen when the board imposes disciplinary measures on you. This is the reason why you should retain a licensing attorney who has experience dealing with criminal law and trial experience.

Do Not Withhold Information From Your Attorney

You should admit your mistake during consultations with your attorney in the initial stages of the disciplinary process. Consulting an experienced licensing attorney can be a crucial factor in navigating the aftermath of disciplinary action. A competent attorney can help you understand your options and mitigate uncertainty. An attorney can also develop strategies for moving forward and assist you in settling the matter in the most favorable outcome possible.

Strive To Reinstate Your License

You might not be allowed to continue with your profession if the board revokes or suspends your license. However, you can do something to mitigate the effect of the revocation, probation, or suspension of your license after any of these events. In other situations, you will have no option but to serve the whole punishment. A licensing attorney can help you petition the board to have your license reinstated or reduce the probation period. Your attorney can also protect your livelihood and reputation.

Protecting Existing Multi-State Licenses

Disciplinary measures in one state can have serious effects in other states if you are licensed in more than one state. You should seek the services of an experienced licensing attorney who can help you in the following ways:

  • Maintain your reputation across all states in which you are licensed
  • Prevent revocation
  • Prevent suspension
  • Respond fast to any state actions against you

Other Ways Of Keeping Your License Safe

There are some situations where you need to be careful to ensure your license safety. They include:

When Renewing Your License

Securing a professional license can be a sensitive process because you are required to respond to all areas with utmost fidelity. It can be challenging to interpret specific clauses because if you fail to answer any question on the renewal application with utmost honesty, you can face fraud charges and material misrepresentation.

You should honestly answer questions regarding convictions, past disciplinary actions, or records related to alcohol and drug use. You can secure or fail to secure a professional license depending on how you respond to these issues. Seek the services of a competent attorney to help you draft the necessary responses. You can receive your license without appearing before the board if you handle the application process carefully.

Failure To Respond To A Proposed Default Notice

Do not skip the hearing set by the board. Ensure you amend your address with the board immediately you receive a letter to appear before the board. You will receive a notification of a proposed default if you fail to respond. This gives you a chance to respond and avoid a default notification from the board. The board will assume that your case’s facts are correct if you fail to respond to a notice. If this happens, you will not be able to develop a solid defense. However, an experienced licensing attorney can help you file a legal motion to challenge the default. This will enable you to appear in court to defend your license and livelihood.

A Felony Conviction

A conviction can have serious repercussions for your professional license. A misdemeanor or felony conviction can affect your qualification to practice, even if you currently have a license or are pursuing one.

Traditionally, the law requires any conviction to be related to the practice of the occupation. However, each licensing board has its own interpretation of the regulations. Laws have changed, and most convictions are considered to be relevant to the profession because they indicate a lack of proper:

  • Competence
  • Integrity, and
  • Judgment, among other factors

For example, driving under the influence and other crimes associated with drugs are considered connected to the healthcare industry. Having a misdemeanor or felony conviction on your record can result in several repercussions from the boards that govern healthcare. You have a duty to inform the licensing board about your conviction. This could include:

Revealing Your Conviction When Applying For Your Professional License

You must reveal your conviction when applying for a license or renewing the existing one. In some situations, you are required to notify the board of your conviction before a designated deadline. You should reach out to your attorney to establish the affirmative obligations you have to disclose your conviction. Consult your attorney if you are faced with the prospect of disclosing your record to the licensing board. Unfortunately, a common mistake most professionals make is revealing too much information that can be used against them by the licensing board.

Lying On Your Application

You are required to demonstrate high levels of integrity, precision, and honesty if you hold a professional license in California. This includes recognizing mistakes in your practice and revealing them immediately. You should also ensure compliance with all laws and regulations that affect your practice. For example, the following will cast doubt on your capacity to provide safe and effective care if you are a practicing nurse:

  • Falsification of patient documents
  • Misleading or inconclusive patient paperwork
  • Refusal to provide the care record, or
  • Any other acts of dishonesty

If you engage in unlawful and unethical behavior, the board will take disciplinary measures against you. The employer has a duty to address any kind of lying in an application, unless the fabrication constitutes an honest mistake made in your:

  • Competencies
  • Certifications, or
  • Work history

Misrepresentation of qualifications will be identified and judged by the licensing board, just like deception in any practice is handled. The licensing board can initiate investigations once it determines that any acts of dishonesty have occurred in your application. You may face disciplinary measures depending on the circumstances. The license application form has questions that require a 'yes' or 'no' answer. Most questions on the documents can affect your capacity to work successfully as a professional. These forms also request information that will be used to determine if you meet the practice standards for a professional license. Your responses to the questions are used to determine your suitability for licensing. However, the board understands that you may mistakenly choose a 'yes' or 'no' response or misinterpret the questions.

The licensing board also recognizes that intentionally providing false information is a significant issue. The false responses can enable an otherwise unqualified applicant to secure or retain a license. Falsification raises questions about your predisposition for lying, as well as the possibility that this conduct will continue in your career. You could face disciplinary actions based on the facts.

Out Of State Disciplinary Actions

Most professionals mistakenly believe that administrative action taken against their out-of-state license has no effect because separate states issue licenses. As a result, they refuse to reveal their punishments, and their California license suffers as a result. You should reveal any out-of-state disciplinary actions to the California licensing boards based on the kind of license you have. Sometimes, you will only have 30 days to reveal an out-of-state disciplinary action. Any punishment imposed on a professional is considered a public record. All licensing boards reveal license suspensions and revocations to other states through interstate databases.

It is necessary to self-report even if the laws do not force you to do it. You must disclose your punishment in your licensing application if you hold an out-of-state license that has been revoked. An experienced license attorney can help you request an administrative hearing to challenge the refusal of your California license application as a result. You should also be aware of any punishment imposed on you when applying to extend your license.

Consult your licensing attorney before reporting the disciplinary action against your license to the board. It is good to consult your licensing attorney even if you have already declared the disciplinary action. However, you should do so immediately because the procedure can escalate quickly.

The licensing board in California will start its investigation immediately when you notify them of your out-of-state disciplinary action. The board could file a formal claim as part of this process, as well as take disciplinary action against your license. If your attorney convinces the board, you will be able to continue practicing by retaining your license with limitations.

An Accusation And A Statement Of Issues

Sometimes, an ‘’accusation’’ and ‘’statement of issues " are used synonymously in license discipline hearings, but they are different. The process formally starts with an accusation. This is the document the licensing board produces detailing the following:

  • The allegations of misconduct filed against you
  • The specifics of infractions, whether negligence or ethical breaches
  • The applicable statutes and rules you violated, and
  • Potential outcomes for the license, whether a revocation or suspension

On the other hand, a statement of issues will inform you in writing of the licensing board’s intention to deny you a license. It will give you a precise justification for denial. The assertion can contain the following:

  • The laws or license requirements that you are accused of violating
  • Your right to a hearing to challenge the denial
  • Supporting documentation for the denial like negative background checks, incomplete applications, and failed tests.

You should act immediately when you receive a statement of issues. It is good to file a notice of defense once you receive a statement of issues. The statement of issues often requests an administrative law judge to preside over your case. This will give you a chance to contest the charges against you. Additionally, a default judgment will arise if you fail to file a notice of defense within the designated period, usually 15 days after receiving the statement. If this happens, you will forfeit your right to a hearing, and the licensing board will be free to proceed with the planned action. The board can punish you or deny you a license.

During  An Administrative Hearing

Your attorney and the board will share the witness lists and evidence during the pre-hearing stage. Both parties will also be allowed to present pre-hearing motions, including requests to compel witness testimony through subpoenas or the exclusion of certain evidence.

An unbiased administrative law judge is often chosen to preside over the hearing. You will make introductory remarks through your attorney, which restate your main points of contention. Your attorney will have the opportunity to present evidence to challenge your charges. The board and your attorney will alternately present arguments using documentation, exhibits, and witness testimony. During the hearing, your attorney and the board also cross-examine witnesses. Closing arguments will follow after all the evidence is presented. The closing remarks will enable each party to restate its position and request that the ALJ rule in its favor.

Your testimony will be required based on several variables. You have a right to present your case at the hearing, which often involves testifying on your behalf. This will be your chance to substantiate your position, respond to the accusations, and even sway the conclusion to your advantage. However, testifying requires careful thought. It is essential to consult with an attorney who specializes in administrative law.

Find A Professional Licensing Attorney Near Me

Understanding the facts of professional licensure can help you pursue your profession confidently. It can be challenging to navigate licensing laws, especially when an accusation is made against your professional license. You should consult a competent attorney if your license is at risk. An attorney’s expertise in license defense will have a positive influence on your case.

If your professional license is at risk or you have received a notice of board investigation, you should contact an attorney. For legal representation you can rely on in Long Beach, contact The Legal Guardian. We have an experienced legal team that can help you learn more about your legal options if you are facing any criminal allegations. Call us at 866-448-6811 to talk to one of our attorneys.