An individual or business entity licensed by the Texas Department of Licensing and Regulation (TDLR) is subject to the rules and regulations pertaining to their specific program. The TDLR regulates over forty programs and professions in Texas. Any holder of a license may be subject to TDLR disciplinary action based upon a complaint filed against the licensee.
Possible TDLR Disciplinary Action
As the licensing body, the Agency is responsible for resolving complaints against licensees. Licensees are afforded due process and an opportunity to defend their license. After the investigation process is complete, the TDLR has the authority to impose disciplinary action against those it licenses.
Possible TDLR Disciplinary Action includes, but is not limited to:
- License revocation.
- License suspension.
- License probation.
- Probated suspension.
- Written reprimand.
- Administrative penalties (fines).
Final actions taken by the TDLR become public information and are posted on the Agency’s website. Actions from previous licensing boards or agencies are not included. Many programs were transferred by Texas statute to be regulated by the TDLR. Disciplinary action and sanctions imposed by the previous licensing boards or state agencies do not appear on the TDLR website.
When the TDLR Imposes Disciplinary Action
The TDLR prosecutor assigned to the case will decide how the case will be resolved. If after review of the evidence the prosecutor determines that formal enforcement action is warranted, the prosecutor will issue a Notice of Alleged Violation (NOAV) seeking administrative penalties and possible sanctions against the licensee.
A NOAV may contain a settlement offer. A settlement usually requires the licensee to take certain actions, such as completing additional education, providing required documentation to the agency, paying an administrative penalty, or paying restitution. If the licensee accepts the terms, then an Agreed Order will be issued by the TDLR which resolves the matter.
After a NOAV is received, the licensee has 20 days to make a request for a hearing in writing. A formal hearing will then be scheduled with the State Office of Administrative Hearings (SOAH). The hearing will be presided by an Administrative Law Judge (ALJ), who will submit a Proposal for Decision (PFD) to all parties. The PFD will include the ALJ’s proposed findings of facts, conclusion of law, and a recommended outcome for the case. The TDLR will then make a final decision in the case after considering the PFD.
If the TDLR notifies you of a filed complaint or pending investigation, act quickly to mount a defense against the allegations. You do not want to face the licensing board alone. You need an experienced professional license defense attorney by your side, to advocate for your rights and protect your license.
Defending Against a Complaint Filed with the TDLR
If you have been notified of a complaint filed against you with the Texas Department of Licensing and Regulation, BERTOLINO LLP can help. We are experienced TDLR license defense attorneys and we know how to navigate the Agency’s complaint process. We urge you to act quickly to mount a defense against allegations of misconduct. You do not want to face the licensing board alone. You need an experienced professional license defense attorney by your side, to advocate for your rights and protect your license.
Our Firm believes that immediately consulting an experienced TDLR license defense attorney to review allegations of misconduct helps ensure the most favorable outcome in your case. Our results speak for themselves.
BERTOLINO LLP represents licensed professionals across the entire State of Texas. If you are facing disciplinary action from a professional licensing board or state agency, contact us today or call (512) 476-5757 and schedule a case evaluation.
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