Texas Administrative Law Attorney

The attorneys at Ray & Weinstein, P.C. practice Texas Administrative Law. Administrative Law consists of the laws, regulations and rules that govern disciplinary proceedings with Texas government agencies. Many Texas businesses and Texas residents maintain licenses issued by Texas Administrative Licensing Boards. These licenses and permits are often subject to disciplinary action by Texas Administrative licensing entities. Many other individuals in Texas are subject to the regulatory oversight of Texas state and local agencies. The Texas Administrative Law disciplinary process is complex, procedural and time consuming. Administrative Law in Texas involves several different practice areas:

• Texas Medical License Defense
• Texas Professional License Defense
• Texas Business License Defense
• Texas Financial License Defense
• Texas Business Regulatory Compliance
• Texas Education Law
• Texas Municipal Business License Defense

Texas Administrative Law Investigations Lawyer

The majority of Texas Administrative Licensing Board disciplinary investigations begin with the filing of a consumer Complaint. However, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas Administrative Law agencies utilize non sworn civilian investigators to conduct non criminal investigations. Some Texas Administrative entities employ sworn Peace Officer Investigators to conduct criminal investigations relating to the regulatory purpose of the Texas Administrative Law agency. Thus, Texas Administrative Law entities can investigate both criminal and administrative law violations. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in other areas of law.

At the conclusion of a Texas Administrative Law investigation, the Texas Licensing Board has several options. The Texas Administrative Law agency can  close the Complaint. The Texas Administrative agency can issue an Administrative Penalty. Texas Administrative entities can also choose to refer the matter to its respective legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Alleged Violation or Complaint. The agency’s legal counsel determines whether cause exists to file a formal Notice of Alleged Violation or Complaint. In cases involving criminal conduct, the Texas Administrative Law agency may refer the case to the applicable County District Attorney’s Office for criminal prosecution.

Texas Professional License Notice of Alleged Violation Defense Attorney

A formal Notice of Alleged Violation or Complaint served on a Texas Professional License holder serves as notice that the Administrative Law agency intends to suspend or revoke a Texas Business or Professional License. The licensee, now called the Respondent, has a specific number of days from the date that the Notice of Alleged Violation or Complaint was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing can result in a Default against the Texas Professional licensee. A Default can result in the immediate Revocation of the Texas Administrative license.

A Notice of Alleged Violation or Complaint is a serious matter that can result in the suspension or revocation of a Texas Business License or Texas Professional License. In many cases, it is possible for Texas Professional License holders to reach a settlement with the Texas Administrative Licensing Board. Some Texas licensing agencies may schedule an Informal Conference prior to determination whether to grant or deny licensure. An Agreed Order is a formal term for a settlement agreement. If an Agreed Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH) or similar Administrative Law Hearing venue.

Texas Administrative Law Hearing Defense Attorney

The Texas State Office of Administrative Hearings, also known as SOAH, hears most Administrative Law disciplinary matters. SOAH is headquartered in Austin, but may hold Hearings remotely or in other locations. Hearings may be held in Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock, San Antonio or remotely. The Administrative Law Hearing is a formal Hearing before an Administrative Law Judge employed by the Texas State Office of Administrative Hearings.

The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Licensing Board and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas licensing agency can adopt, modify or reject the ALJ’s Proposal for Decision. The Administrative Licensing entities action is called the Final Order. There are two main rights of Appeal of a Final Order. Texas Government Code § 2001.144 allows a licensee to file a Motion for Rehearing within 25 days after the Final Order is issued. If a Motion for Rehearing is denied, the Respondent can file a Request for Judicial Review in Travis County District Court in Austin. A Request for Judicial Review must be filed within 30 days of the denial of the Motion for Rehearing.

Texas Administrative Law and Criminal Convictions

Texas Administrative Licensing Boards can discipline licensees for criminal convictions. Administrative Law discipline primarily occurs for felony criminal convictions and criminal convictions related to the respective Business or Professional License. Texas Administrative Licensing Boards and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license.

Texas Administrative Law License Denial Defense Attorney

Texas State Licensing Boards thoroughly investigates all applicants for Professional Licenses. A Texas Professional Licensing Board may deny a Texas Business or Professional License to applicants from Texas, other stats and other countries. Many Texas Administrative License denials occur due to criminal convictions, financial problems or misstatements on the Professional License application. Some Texas Professional License denial cases before Texas Administrative Law Boards Denial Hearings may result in a settlement with the licensing agency. For Texas Professional License denial cases that do not settle, Notice of Alleged Violation Hearings and Complaint Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a License Denial Hearing, the applicant bears the burden of proof.

Texas Administrative Law Petition for Reinstatement Lawyer

A Petition for Reinstatement allows individuals who have received a Texas Professional License Revocation to reinstate their Professional License. The Petition for Reinstatement may result in an investigation by the applicable Texas Licensing Agency. Subsequent to an investigation, the Texas Administrative Law licensing agency may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.

Texas Administrative Law Licensing Lawyer

Administrative Law in Texas is standard throughout the state. All agencies and licensing entities generally adhere to the same regulations, rules and statutes governing Administrative Law. Administrative Law disciplinary legal issues can result in the loss of a business or professional license. Individuals and businesses facing an Administrative Law legal matter should contact a Texas Administrative Law Lawyer for representation that serves Austin, Corpus Christi, Dallas, El Paso, Fort Worth, Houston, Lubbock, San Antonio and other Locations of Practice.