If you are working in what some would consider a “blue-collar” field, you have likely had to deal with the Texas Department of Licensing and Regulation. The TDLR is responsible for regulating a wide range of industries, and whether you are an electrician or an HVAC technician, you may have to answer to them at some point in your career.
This department investigates complaints and can level sanctions and other punishments at Texas professionals. We understand that protecting Texas residents from irresponsible licensed workers is an important job. Still, sometimes such regulators can get overzealous when they take on their responsibilities and end up punishing workers who do not deserve it.
If you are the subject of a Texas Department of Licensing and Regulation investigation and they plan to hit you with monetary penalties and sanctions, you need to fight back. Crafting a solid response and a strong defense is the best way to deal with an investigation like this one, and hiring an attorney can help with that. Your professional license defense attorney can assist you at every stage of the investigation process and help you protect yourself.
Responding to TDLR
It would help if you took complaints and threats of sanctions seriously because you can be sure that the Texas Department of Licensing and Regulation is. If TDLR threatens you with sanctions, it has likely completed the first phase of the investigation process. Once the department receives a complaint, it investigates to see if the complaint is valid and if the department has jurisdiction. Therefore, if TDLR threatens you with sanctions and penalties, it is clear that the TDLR is moving forward with its investigation and that you need to respond forcefully.
Therefore, you should hire a professional license defense attorney. Some people worry that hiring a lawyer will make them look guilty, but this is not the case. The department expects you to defend yourself. If you are an electrician, a cosmetologist, or a dietician, your reputation could be everything. If you have built a business of your own, you cannot let it be torn down by one complaint. This means that you need to put forth the best possible defense. One of our lawyers can help with that.
The Rest of the investigation Process
If you are under investigation and the complaint is considered valid, you will eventually proceed to an informal hearing with the TDLR. At this point you will be able to continue to defend yourself and an agreement could be reached. Your lawyer can help you figure out if accepting a settlement and punishment is worthwhile or if you should continue to the next step. Sometimes, it can be worthwhile to settle if the punishment is lenient enough and will not carry long-term career consequences.
If you and the TDLR disagree, you will have to attend a hearing before an administrative law judge at the State Office of Administrative Hearings. All of the evidence will be evaluated, and everyone gets the chance to make their case. By the end of the hearing, the TDLR will decide upon a final disciplinary action. At this point, your last and only recourse is appealing the decision through the district court system in Travis County.
This is why having the best possible defense at every stage of the process is a necessity. If you are a professional being threatened with monetary penalties and sanctions, you need to contact BERTOLINO LLP. One of our Austin license defense lawyers can help you form a defense and protect your livelihood. Dial (512) 476-5757 and ask for a case evaluation today!
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