Individuals who hold professional licenses have certain due process rights when involved in disciplinary actions against their professional licenses. If licensees cannot resolve a disciplinary case with their licensing agency or board, they typically have the right to a contested hearing before the State Office of Administrative Hearings (SOAH).
A Texas professional license defense attorney can help defend you in disciplinary proceedings that may arise from a failure to complete continuing education requirements and other allegations of misconduct.
If you are facing a disciplinary complaint from your professional licensing board or agency, you can contact the offices of Bertolino LLP by calling (512) 515-9518 or contacting us online.
Referrals to SOAH
In professional license disciplinary proceedings, state licensing boards and agencies usually try to resolve the cases informally, at least initially. Licensees usually sign agreed orders or agree to other types of informal resolutions.
However, suppose the parties cannot reach agreement on a resolution to a disciplinary complaint, which is often the case with more serious allegations of misconduct.
In that case, the case must proceed to a contested hearing. In that case, the licensing board or the licensee will request a referred to SOAH for a contested hearing before an administrative law judge (ALJ).
The Purpose of SOAH
Although it is a state agency, SOAH is an independent agency made up of neutral ALJs not affiliated with any licensing agency. Parties may opt for mediation or proceed straight to a contested hearing.
If the case proceeds to a contested hearing, SOAH appoints an ALJ to conduct an administrative hearing. These proceedings resemble regular court proceedings, but SOAH has a separate set of procedural rules that apply to all proceedings before it. These rules differ from those that are applicable in the court system.
Prehearing Procedures at SOAH
The ALJ conducts various prehearing procedures before the contested hearing occurs. These procedures enable the parties to prepare for the hearing. T
First, the parties typically conduct discovery, which is an investigatory stage involving both parties to the case. Discovery at SOAH is like the discovery that occurs in court, but it occurs under SOAH procedural rules.
Each party will have deadlines to provide certain evidence to the other. Typically, parties must disclose evidence they intend to present at trial to the other side to prepare for trial properly.
A party can request any type of discovery relevant to the case, such as conducting depositions to question parties or potential witnesses, collecting documents, or answering interrogatories, which are written questions. The nature of the evidence collected depends on the issues involved in the dispute.
Next, the ALJ will consider and decide any prehearing motions. The ALJ may conduct hearings on these motions or decide them solely based on written submissions by each party.
For instance, a party may file a motion to exclude certain evidence, and the other party can file a response. The ALJ then must determine whether to exclude the evidence as requested.
The parties and the ALJ also may consider whether mediation is appropriate or useful. SOAH has a mediation program that assigns an ALJ as a mediator.
The mediator is a neutral third party who works with the parties to reach an agreement to resolve the case. However, if mediation fails, SOAH will appoint a different ALJ to conduct the contested hearing.
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Contested Administrative Hearings
The ALJ will schedule a contested hearing once the parties have completed pretrial procedures, including discovery, prehearing motions, and potential mediation.
Each party will be able to present their side of the case, including introducing documentary and witness evidence. When one party provides witness testimony, the other can cross-examine that witness, just as they would during a court trial.
After both parties present their cases, the ALJ will issue a proposal for decision (PFD) containing findings of fact and conclusions of law. The ALJ typically issues the PFD to the appropriate licensing board, which then determines whether to accept, modify, or reject the PFD.
Ultimately, the licensing board in most cases determines the case’s outcome.
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Get Legal Advice and Defend Yourself Against Disciplinary Proceedings
A Bertolino LLP professional license defense lawyer can examine your situation, evaluate your options, and advise you on the most effective strategy for preserving your license.
Our goal is to put you in the best position to protect your license and career from potentially harmful sanctions that may result from disciplinary proceedings. Call us today at (512) 980-3751 or get more information about us online.
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