The Texas Department of Licensing & Regulation (TDLR) licenses and regulates various occupations, including dieticians. As a result, the Board receives complaints about dieticians who have allegedly violated the laws and rules that govern them. If sufficient evidence of a violation exists, the Board can bring formal enforcement action against the dietician.
Obtaining experienced legal counsel to represent your interests in disciplinary proceedings before TDLR can be critical to protecting your professional license.
Having experienced legal counsel on your side can be significant in reaching a positive outcome in your case. As a result, if you are facing a complaint before the TSBPA, you should consult a dietician license defense attorney for help.
Complaints Before TDLR
Texas Department of Licensing & Regulation (TDLR) licenses and regulates various licensed occupations, including dieticians. These regulatory duties include maintaining an Enforcement Division to receive, process, and evaluate misconduct complaints.
Initially, TDLR evaluates complaints against dieticians to determine that it has jurisdiction over the allegations contained in the complaint. TDLR also considers whether, based on the evidence, there is reason to believe that a violation of a law or rule enforced by TDLR has occurred.
Investigating Complaints
If TDLR finds that probable cause exists to determine that a violation of a law or rule exists, the agency will assign an investigator to the complaint.
The TDLR investigator notifies the licensee of the pending complaint, and often will interview them, the complainant, and any other potential witnesses. An investigation also typically involves the collection of any documentary evidence concerning the allegations against the licensee.
Once the investigation is complete, the investigator prepares and submits an investigative report to the TDLR prosecuting attorney for review. At that point, it is up to the attorney whether to proceed with disciplinary action.
Resolving Disciplinary Complaints
A prosecuting attorney may close out a complaint if the investigation reveals a lack of evidence or another reason not to pursue disciplinary action. In other cases, the prosecuting attorney may issue a warning letter about future behavior to the dietician and close the case.
However, if the case merits formal disciplinary action, the prosecuting attorney issues a Notice of Alleged Violation (NOAV) to the licensee. The NOAV sets forth the allegations against the licensee and the sanctions sought.
In most situations, the parties can agree to resolve the complaint. The licensee may admit to certain violations and agree to specific sanctions or remedial action to correct the misconduct. TDLR typically assigns an enforcement staff member to monitor compliance with the agreement for a set period.
If the parties cannot agree, the licensee must request a contested hearing within 20 days of receiving the NOAV. Contested cases are referred to the State Office of Administrative Hearings (SOAH) for assignment of an administrative law judge (ALJ).
The ALJ conducts prehearing matters, including discovery, and schedules a hearing. Both parties present their sides of the case at the hearing, complete with any necessary evidence.
The ALJ evaluates the evidence and issues a Proposal for Decision (PFD) containing findings of fact and conclusions of law concerning disposition of the case. The ALJ submits the PFD to TDLR, which can approve, modify, or reject the PFD.
Potential Sanctions for Violations by Licensed Dieticians
The TDLR has established a schedule of sanctions for specific violations of the rules and laws that govern each profession. Violations of the laws and rules related to dieticians are classified into one of four categories, Classes A through D, each of which carries increasingly severe penalties. The range of penalties for each category is as follows:
- Class A – Fine ranging from $50 to $100
- Class B – Fine ranging from $500 to $3,000 and up to a probated suspension of up to six months
- Class C – Fine ranging from $1,500 to $4,000 and/or sanctions ranging from a probated license suspension of up to one year to a license revocation
- Class D – Fine of $5,000 plus license revocation
Class A violations include minor administrative rule violations and actions inconsistent with medical authorization. Class B violations involve more serious administrative rule violations and unlicensed activity.
Class C violations include more severe forms of unlicensed activity, unethical conduct, and unprofessional conduct. Finally, Class D violations are the most serious violations, such as failing to comply with a TDLR order, committing fraud or making false representations to obtain or attempt to obtain a license, cheating on a licensure examination, or failing to compensate TDLR for a dishonored payment.
We Can Advocate on Your Behalf in Disciplinary Proceedings
The dietician license defense lawyers of Bertolino LLP are here to guide you throughout the disciplinary complaint process. No matter the allegations you may be facing, we can work to protect your interests and work to minimize the negative effects of a complaint on your license and career.
Our goal is to help you resolve the allegations against you and maintain your dietician license. Call us today at (512) 980-3751 to reach the offices of Bertolino LLP or contact us online.
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