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How to Defend Your Occupational License Against Suspension or Revocation

Your professional license might be the most valuable thing you own. It helps you work, provide for yourself, and grow your career. If a licensing board is threatening to suspend or revoke your license, things can get stressful and confusing fast. A California professional license defense attorney at Gould, Hahn, & Reinhardt can help you understand the process and protect your right to continue working in your profession.

California has many licensed professionals who are subject to supervision and possible discipline by a state board or agency. Investigations may result from complaints filed against doctors, nurses, contractors, real estate agents, accountants, therapists, pharmacists, and many other professionals. One complaint can jeopardize your professional reputation and place your license at risk. 

Why Licensing Boards Suspend or Revoke Licenses

Licensing boards exist to protect the public and regulate certain professions. Once a complaint is filed, the board may investigate whether the professional violated laws or professional standards. Some cases involve serious misconduct, others may be misunderstandings, administrative errors. 

Discipline may be imposed for a variety of reasons, including:

  • Criminal convictions, or misconduct related to criminal allegations, when supported by evidence
  • Allegations of fraud or dishonest conduct
  • Substance abuse problems
  • Malpractice
  • Breach of professional ethics
  • Poor recordkeeping
  • Complaints from customers/patients
  • Non-compliance with licensing requirements

Not all complaints result in a suspension or revocation. With competent legal counsel, licensed professionals often defend against these allegations and retain their licenses. 

What Happens During a License Investigation?

Many professionals first learn about a problem when they receive a letter from a licensing board. The letter may request records, explanations, or an interview. Some people mistakenly believe they can quickly explain the situation on their own and make the issue disappear. Unfortunately, statements made early in an investigation can sometimes hurt their defense later.

A licensing agency’s confidential investigation may include reviewing documents, interviewing witnesses, and examining professional records. In some cases, investigators may contact employers, colleagues, clients, or patients.

In the end, a licensing board may choose to close the case, issue a warning, or file a formal disciplinary action seeking to suspend or revoke the license. Often, the result is dependent on the facts, the evidence, and how the professional manages the process.

Why It Is Important to Respond Quickly

Failing to respond to letters or deadlines from a licensing board can only make matters worse. In addition to having a legal duty to cooperate with agency investigations, licensed professionals also face tight time constraints to respond to formal license disciplinary actions. Missing those deadlines can limit your ability to defend yourself.

A California professional license defense attorney can evaluate the charges, advise as to the consequences, and assist in formulating a response. Acting sooner rather than later can improve the chances of saving your license before things get worse.

Sometimes you might be able to negotiate with the board to reduce the penalties or impose some other form of discipline instead of suspension or revocation.

How Professionals Can Defend Their License

Although each case is different, there are several ways professionals can defend themselves against disciplinary action. What is the right strategy? Well, it depends on the particular allegations and evidence.

Possible ways to defend yourself may include showing:

  • The claims are false, or there is not enough proof
  • You followed the normal rules and standards for your job
  • Records or evidence were misunderstood
  • The mistake was not serious enough for harsh punishment
  • You fixed the problem quickly
  • There were important facts or circumstances that the board should consider
  • Investigators did not follow the correct rules or procedures

Keeping good records and preparing carefully can make a big difference in a licensing case.

Administrative Hearings and Appeals

A licensing board that seeks serious discipline must typically give the licensed professional a right to an administrative hearing. This hearing is a court proceeding, and is usually conducted by an administrative law judge.

At the hearing, each side can give evidence, cross-examine witnesses, and argue the law. The judge will review evidence and could recommend disciplinary action or dropping of charges.

Some professionals may still be able to appeal suspension or revocation. Appeals can be tricky and time sensitive, so it’s good to know your legal rights as soon as possible.

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Protect Your Career and Reputation

Professional license cases can impact more than just your current job. And just allegations can ruin your reputation and future job prospects. Taking the matter seriously from the beginning can help protect both your license and your professional standing.

If you are under investigation or facing disciplinary action, a California professional license defense attorney may be able to help you fight for your career. To speak to a representative about your situation and to learn more about your legal options, please call (800) 428-2207 or reach out online.