Professional license issues can impact the lives of those working in a wide variety of sectors. Doctors, nurses, real estate agents, dentists, pharmacists, insurance agents, and teachers, to name a few, are all licensed by the State of Florida. Once you have your license, it’s important to your livelihood to hold on to it. What happens if there’s a complaint or investigation and your license is in jeopardy? Your future and everything you worked for could be at stake. You may want an experienced administrative licensing attorney on your side.
During the Investigation
Once a complaint has been made, the licensing agency will likely conduct an investigation. The agency’s investigator will be someone experienced in the field in which you have your license. You may not know that an investigation is being conducted unless you are questioned by the investigator. If an investigator requests an interview with you about the complaint, it can be helpful to have an attorney advise you about whether to give a statement (you have a right not to be interviewed) or to help prepare you for your statement ahead of time and to be present with you when the statement is given. In addition, an attorney can conduct their own investigation into the circumstances.
After the Investigation
Once the investigation is complete, you will likely either be sent a report detailing the investigation or a letter advising you of the results of the investigation. There may be a referral made to a panel who will review your license based on the investigation. It will be helpful to have an attorney available who can review the report and letter and advise you regarding the next steps in the process.
Request for a Hearing
If your administrative license is in jeopardy, an attorney will likely advise you to request a formal hearing on the matter. At the hearing, you can dispute the outcome of the investigation. Requesting a hearing is the best way to preserve your rights to defend yourself. There may be a settlement offer before a hearing can be conducted. In that case, an attorney can help evaluate the case and the offer and give you advice on what to do. The decision to accept a settlement will be yours, but an attorney can help paint the full picture for you.
The request for a hearing will be referred to the Department of Administrative Hearings (DOAH), where an administrative law judge (ALJ) will be assigned to hear your case. There may be some pre-hearing discovery conducted where your attorney will build your case by obtaining documentation and asking questions.
Hearing
An administrative licensing hearing is very similar to a civil trial except there is no jury, only a judge. However, there will be witnesses and exhibits introduced. There will also be legal arguments made to the ALJ by attorneys for both sides. Having an attorney experienced in administrative licensing cases can be a crucial factor in the success of your hearing.
After the hearing, the ALJ will make a written recommendation regarding your license. The document will be lengthy and will contain suggestions for findings of fact, conclusions of law, and the disposition of the case. This document will be submitted to the agency responsible for your license. You have the right to file exceptions to the order. The agency can then decide whether to accept the recommendations of the ALJ.
If the results of the hearing do not go in your favor, depending on the type of license, you may have the right to appeal further. An experienced attorney can help advise you of your appeal rights and guide you through the process.
An Experienced Administrative Licensing Attorney Can Help
If you are being investigated regarding your administrative license, you should consult with an experienced Florida administrative licensing attorney. The attorneys at Tison Law Group have decades of experience and can help you pursue the best outcome.
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the trusted attorneys at Tison Law Group or call us at 813-739-1776 to schedule your free consultation today.
