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License Defense Process

A professional license investigation is generally initiated after a complaint has been filed. Understanding the professional license defense process can help not only provide a sense of understanding during a difficult period, but also help you avoid pitfalls that may limit your defenses.

Investigations

Following a complaint, an investigator is generally sent to gather information about the licensed professional. The investigators may appear unannounced at your office or even you home. While their tone may seem friendly and their questions, non-threatening, it is important to know what to do if you are confronted.

While the investigators may assure you that they are just interested in gathering the facts, you need to be aware that anything you say to them could be used in building a case against you. The most important thing for you to know is that you do not have to speak to the investigators. The best course of action is to politely decline to speak to the investigator until you have consulted with an attorney.

The Administrative Law Process

The hearings are governed by the Administrative Agency Law and the General Rules of Administrative Practice and Procedure. Unlike civil litigation in the courts, there is very little discovery in the administrative law setting. It is important that the attorney knows which additional documents to request so that he can properly defend the case. In certain situations where the prosecutor will not turn over evidence, the attorney must request a pre-hearing conference with the hearing officer to obtain the documents.

At TRIVINO PEREZ, preserving your professional standing in the communities in which you serve is our priority.