An experienced professional license defense attorney at Bertolino LLP can represent your interests in disciplinary proceedings before your licensing agency. We can review the allegations of violations that your case involves and work to strategize the most effective defense for your case, which may involve signing an agreed order in some cases. When you are facing disciplinary proceedings, you will benefit from the services of a professional license defense lawyer to protect your career. We can provide you with strong legal representation to assist you in minimizing the damage to your career that these proceedings can cause.
In disciplinary proceedings before most professional licensing boards, you typically can informally resolve your complaint by agreeing with the board. If you reach an agreed informal resolution, often called an Agreed Order, you waive your right to proceed to a contested hearing. Instead, you and the board agree to certain sanctions to resolve the outstanding disciplinary complaint.
As a practical matter, Texas licensing boards and agencies resolve almost all disciplinary complaints through the Agreed Order process. Comparatively speaking, very few complaints proceed to the formal disciplinary complaint process and a contested hearing before the State Office of Administrative Hearings for resolution. Typically, those cases involve severe allegations of misconduct in which a licensing board seeks to revoke a professional license.
Contents of an Agreed Order
When you receive a disciplinary complaint, the licensing board or agency performs an initial investigation, and it finds some cause to believe that you have violated a rule or law, an Agreed Order may be an option for resolution. In these cases, the licensing board may provide you with an Agreed Order, either by mail or during an in-person settlement conference, to resolve the complaint informally. The contents of the Agreed Order will depend on the severity of the violation(s) of the rule(s) or law(s) that govern your profession and the nature of the violation(s). Still, it will contain some disciplinary action in response to the perceived violation(s). An Agreed Order could contain one sanction or a combination of various sanctions. For example, an Agreed Order could contain any of the following sanctions:
- Restrictions on practice or performance of your professional duties;
- Completion of additional continuing education or training in specific subject areas;
- Implementation of a monitoring or supervision requirement by a professional in your field;
- Payment of administrative fees;
- Mandatory periodic appearances before the licensing board or agency;
- Participation in substance abuse rehabilitation or behavioral health programs;
- Submission to mandatory drug and/or alcohol testing;
- Issuance of a public reprimand; and/or
- License suspension, which may or may not be probated.
You can negotiate the terms of an Agreed Order with licensing board staff or members. A professional license attorney can be invaluable in assisting you through the negotiation process. Together, you may be able to arrive at a mutually acceptable Agreed Order that has the most negligible impact on your professional and personal life.
The Agreed Order Process
When you sign an Agreed Order, board staff typically must present it to the licensing board and/or board director for approval. Once the Agreed Order is approved, it becomes a final and enforceable order. At that point, you are bound by the terms and conditions outlined in the Agreed Order. If you violate the terms of the Agreed Order, then you could face further disciplinary action by the board.
However, the board could also reject or accept the Agreed Order with some modifications. If you cannot reach an agreement on the modified Agreed Order, or if the board rejects the Agreed Order altogether, then proceeding to a contested administrative hearing to resolve the matter is your only remaining option.
Consequences of an Agreed Order
An Agreed Order generally is a disciplinary action that becomes a permanent part of your records with the professional licensing board or agency. Many licensing boards publish notices of disciplinary proceedings, including approved Agreed Orders, on their websites and newsletters. As a result, once you sign an Agreed Order, you should assume that the public will be aware of your disciplinary case and free to view the terms of your Agreed Order.
Furthermore, as noted above, if you fail to follow the terms and conditions outlined in your Agreed Order, you can be subject to more severe disciplinary action in the future. As a result, signing an Agreed Order could lead to more serious sanctions than you would have faced in the first place. Therefore, it may not be wise to sign an Agreed Order under some circumstances, as the consequences can be significant.
Due to the potential repercussions of signing an Agreed Order, you should carefully consider if it is your best option. While an Agreed Order is an easy and efficient option for a licensing agency to resolve a disciplinary complaint, and signing an Agreed Order may resolve your complaint more quickly, it may not always be in your best interest. You should consult an experienced professional license defense lawyer and consider all your options before signing an Agreed Order. Allowing an attorney to evaluate your situation can help determine whether signing an Agreed Order is right for you.
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Rely on Bertolino LLP to Defend Your Professional License
You need an experienced professional license defense attorney to represent you when you receive a complaint that could negatively impact your license and career. We know the high stakes during these proceedings and what they could mean for your career. We will tirelessly defend you against the disciplinary proceedings you are facing and work to safeguard your license and career. Contact Bertolino LLP today at (512) 980-3751 or visit us online.
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