It’s the sort of scenario that inspires nightmares among professionals: receiving a letter notifying them that a formal complaint has been lodged against their license with their licensing Board or agency. Among professionals we help, this is often mentioned as being one of the most dire events they can recall. And these complaints can be lodged by practically anyone—a member of the public, a client, a patient, a professional peer. Depending on which licensing Board a professional is beholden to—since every Board and agency is independent of every other and therefore both promulgates and practices according to its own rules—the complaint may even be anonymous. This may prevent the professional who is subject of the complaint from fully understanding the reason for the complaint or from being able to confront it head-on. And then of course there’s the harshest fact of all: that a complaint against a professional may lead to them losing their license altogether.
When a licensing board sends that notice of a complaint, it is asserting that it has jurisdiction over the allegations in the complaint, and that it is beginning a full-scale investigation into them. Usually, a licensing board or agency will request that the licensee respond to the allegations in writing by a particular date. This opening salvo is an important stage in the process because the way the licensee responds to this request can serve to define the scope of the investigation as it proceeds. Without a well-crafted response, these investigations’ scope tends to spread until the investigation is peering into elements of a professional’s work-life having nothing to do with the initial complaint. An experienced professional license defense attorney knows how to contain this spread from the outset and how to avoid making any statements or omissions that might be considered admissions of wrongdoing.
When you receive the notice of a complaint, therefore, it is vital that you immediately seek our advice. Permitting our firm to engage in a thorough review of allegations, and to help craft the initial letter, and to stand by your side at every stage in the process, will give you the best chance of achieving a favorable outcome in your case.
Our law firm helps professionals keep their licenses when those licenses are under attack by the state.
BERTOLINO LLP proudly represents professionals and professional facilities across the entire State of Texas. To best serve our clients, we have offices in Austin, Houston, and San Antonio. If you are facing disciplinary action, contact us today or call (512) 476-5757 and schedule a case evaluation.
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