Federal Administrative Law Defense Lawyers

The attorneys at Ray & Weinstein, P.C. practice Federal Administrative Law. Administrative Law consists of the laws, regulations and rules that govern disciplinary proceedings and regulatory compliance matters with federal government agencies. Many business and individuals maintain licenses issued by Federal agencies. These licenses and permits are often subject to disciplinary action and regulatory matters by Federal agencies. The Federal Administrative Law disciplinary process is complex, procedural and time consuming.

Federal Administrative Law Investigations Lawyers

The majority of Federal Administrative Law disciplinary investigations and regulatory compliance matters begin with a criminal investigation or agency Complaint. Disciplinary investigations also occur due to criminal convictions. Federal Administrative Law agencies utilize non sworn civilian investigators to conduct non criminal investigations. Federal agencies also work with Federal law enforcement agencies to investigate criminal and administrative law violations committed by Federal professional licensees. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.

At the conclusion of a Federal Administrative Law investigation, the Federal agency has several options. The Federal Administrative Law agency can close the Complaint. The Federal agency can issue an Administrative Penalty. Federal Administrative agencies can also choose to refer the matter to its respective legal counsel for the filing of formal Administrative disciplinary charges to discipline or revoke a license or permit. The agency’s legal counsel determines whether cause exists to file formal disciplinary actions. In cases involving criminal conduct, the Federal Administrative Law agency may refer the case to the applicable United States Attorney’s Office for criminal prosecution.

Federal Professional License and Permit Discipline Defense Attorneys

A disciplinary notice or Complaint served on a Federal Professional License or Permit holder serves as notice that the Federal agency intends to suspend or revoke a Federal Business or Professional License. The licensee, now called the Respondent, has a specific number of days from the date that the disciplinary notice or Complaint was served (not received, but served) to file a Request for Hearing, or similarly named document. The failure to file a Request for Hearing can result in a Default against the Federal Professional licensee. A Default can result in the immediate Revocation of the Federal License or Permit.

A disciplinary action or Complaint is a serious matter that can result in the discipline or revocation of a Federal Business License, Federal Professional License or Federal Permit. In many cases, it is possible for Federal Professional License holders to reach a settlement with the Federal agency. Some Federal licensing agencies may schedule an Informal Conference or Settlement Conference to determine discipline. If a settlement cannot be reached, the parties will proceed to a formal Hearing before a Federal agency Administrative Law Court.

Federal Administrative Law Hearing Defense Attorneys

Most Federal agencies maintain their own Administrative Law Court. Some Federal agencies contract with other Federal agencies for use of their respective Administrative Law Courts. Most Administrative Law Courts are headquartered in Washington, D.C., Maryland or Virginia. Hearings are generally held remotely by videoconference, or in some cases, in person throughout the United States. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge employed by the Federal agency.

The Administrative Law Judge, or ALJ, will generally issue a written, Proposed Findings of Fact and Conclusions of Law within a prescribed time period subsequent to the Hearing. Depending on the agency, the Federal agency attorney and the Respondent may have the ability to file Exceptions and Briefs related to the ALJ’s Proposed Findings of Fact and Conclusions of Law. The Federal agency can usually adopt, modify or reject the ALJ’s Proposed Findings of Fact and Conclusions of Law. Depending on the particular Federal agency, Appeal rights may vary. Appeal rights may include Petitions for Rehearing, Appeals to United States District Courts, or Appeals to United States Circuit Court of Appeals.

Federal Administrative Law and Criminal Convictions

Federal agencies can discipline licensees due to criminal convictions. Federal agencies can also bar individuals and businesses from receiving Federal Licenses and Permits due to criminal convictions. Administrative Law discipline primarily occurs for felony criminal convictions and criminal convictions related to the respective Business or Professional License. Federal Administrative Licensing Boards and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common federal criminal offenses that can cause Federal Administrative License discipline and Federal License denial are:

  • Altering or Forging a Prescription
  • Aggravated Assault
  • Battery
  • Burglary
  • Child Abuse
  • Diverting a Controlled Substance
  • Domestic Violence
  • Drug Trafficking
  • DUI/DWI
  • Elder Abuse
  • Forgery
  • Fraud
  • Identity Theft
  • Insurance Fraud
  • Larceny
  • Medicare Fraud
  • Money Laundering
  • Mortgage Fraud
  • Perjury
  • Possession with Intent to Distribute
  • Possession of a Controlled Substance
  • Public Intoxication
  • Real Estate Fraud
  • Robbery
  • Sex Offenses
  • Stalking
  • Theft
  • Trespass
  • Vandalism
  • Weapons Violations

Common federal criminal offenses that can cause Federal Administrative License discipline and Federal License denial are:

  • Bank Fraud
  • Bribery
  • Conspiracy
  • Counterfeiting
  • Drug Trafficking
  • Election Fraud
  • Embezzlement
  • Environmental Crime
  • Extortion
  • False Statements
  • Fraud
  • Healthcare Fraud
  • Hobbs Act Robbery
  • Human Trafficking
  • Identity Theft
  • Immigration Fraud
  • Insider Trading
  • Internet Crimes
  • Mail Fraud
  • Mortgage Fraud
  • Perjury
  • Racketeering
  • Sock Fraud
  • Tax Evasion
  • Tax Fraud
  • Weapons Violations
  • Wire Fraud

Federal Administrative Law License and Permit Denial Defense Attorneys

Federal agencies thoroughly investigates all applicants for Professional Licenses and Permits. A Federal agency may deny a Federal License or Permit to applicants from the United States and other countries. Many Federal License or Permit denials occur due to criminal convictions, financial problems or misstatements on Federal License applications and Federal Permit applications. Some Federal Professional License denial cases before Federal Administrative Law Courts may result in a settlement with the licensing agency. For Federal Professional License denial cases that do not settle, Hearings before the Federal agency Administrative Law Court Hearings involve a similar procedure.

Federal Administrative Law Licensing Lawyers

Federal Administrative Law is standard throughout the United States. All Federal agencies generally adhere to similar procedures governing Federal Administrative Law. Federal Administrative Law disciplinary legal issues can result in the loss of a Federal Business License, Federal Professional License and Federal Permit. Furthermore, Federal agencies oversee complex regulatory frameworks that require complete Regulatory Compliance by businesses and individuals. While Ray & Weinstein, P.C. is located in Texas, the attorneys at our firm represent clients throughout the United States and in other countries in Federal Administrative Law Regulatory Compliance matters. Ray & Weinstein, P.C. represents individuals and businesses before the following Federal agencies:

 

  • Department of Homeland Security (DHS)
  • Department of Housing & Urban Development (HUD)
  • Department of Labor (DOL)
  • Department of Justice (DOJ)
  • Department of the Interior (DOI)
  • Department of State

Self Regulatory Organization Discipline Defense Attorneys

Self Regulatory Organizations (SROs) are private organizations that provide benefits and regulations within certain industries and professions. Self Regulatory Organizations set their own membership rules and disciplinary procedures. Self Regulatory Organizations vary in size and scope from large national organizations to small entities. Some Self Regulatory Organizations maintain broad procedures and regulations for conducting disciplinary proceedings while other Self Regulatory Organizations have less developed enforcement programs. The attorneys at Ray & Weinstein, P.C. represent individuals and entities in Self Regulatory Organization disciplinary proceedings. Ray & Weinstein, P.C. represents individuals and entities before the following types of Self Regulatory Organizations:

  • American Board of Medical Specialties
  • Colleges and Universities
  • Dental Organizations
  • FINRA
  • Fraternities and Sororities
  • Law Organizations
  • Medical Organizations
  • Pharmacy Organizations
  • Trade Associations