Texas Board of Architectural Examiners License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas Board of Architectural Examiners License Defense cases. Texas Architects face a significant number of rules and regulations promulgated by the Texas Board of Architectural Examiners. Any alleged violation of these rules and regulations can result in an obstacle to an Architects ability to practice in Texas. The firm practices Texas TBAE License Defense. From Texas TBAE application Denial Hearings to Complaints, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas TBAE License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Board of Architectural Examiners professional licenses:
- Architect
- Landscape Architect
- Registered Interior Designer
Texas Board of Architectural Examiners License Defense Lawyers
Many individuals possess Architect Licenses issued by Texas TBAE. Most Texas TBAE licensed Architects have minimal or no contact with the disciplinary systems of the Texas Board of Architectural Examiners. For Texas licensed Architects who become part of the Texas TBAE disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas TBAE Investigation Defense Lawyers
The majority of Texas Board of Architectural Examiners License disciplinary investigations begin with the filing of a consumer Complaint. owever, disciplinary investigations also can arise from other events, such as a criminal conviction or criminal investigation. Texas TBAE utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Architects. Texas TBAE works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Architects. Administrative Law Due Process Rights differ substantially from the Due Process Rights accorded in criminal law.
It is important to have an attorney that understands the Texas Board of Architectural Examiners License disciplinary process. At the conclusion of a Texas TBAE investigation, Texas TBAE has several options. The Texas Board of Architectural Examiners can choose to close the Complaint. Texas TBAE can choose to issue an Administrative Penalty. The Texas Board of Architectural Examiners can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Complaint. Texas TBAE legal counsel will determine whether cause exists to file a Complaint. Texas TBAE may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Board of Architectural Examiners may refer the case to the District Attorney’s Office for criminal prosecution.
Texas TBAE Complaint Defense Attorneys
A Complaint served on a Texas Architect serves as notice to a licensee that Texas TBAE intends to suspend or revoke the Texas Architect License. The licensee, now called the Respondent, has only a specific number of days from the date that the Complaint was served (not received, but served) to file a Request for Hearing. The failure to file a Request for Hearing results in a Default against the Texas Architect License. A Default will result in the immediate Revocation of the Texas Architect License.
The filing of a Complaint is a serious matter that can result in the suspension or revocation of an Architect License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas TBAE. If a Settlement Agreement cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas Board of Architectural Examiners Hearing Attorneys
The Texas State Office of Administrative Hearings, also known as SOAH, hears Texas TBAE 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 or San Antonio. The Texas TBAE Administrative Law Hearing is a formal Hearing before an Administrative Law Judge.
The Administrative Law Judge, or ALJ, will issue a written Proposal for Decision approximately 60 days after the Hearing. The Texas Board of Architectural Examiners and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas Board of Architectural Examiners 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 Board of Architectural Examiners License and Criminal Convictions
Texas TBAE can discipline Architect Licensees for criminal convictions. Administrative Law discipline for Texas Architects primarily occurs for felony criminal convictions and criminal convictions related to the Architect License. The Texas Board of Architectural Examiners and other law enforcement agencies also investigate criminal conduct by licensees in the course and scope of their license. Common criminal offenses that can cause Texas TBAE License discipline are:
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Texas TBAE License Denial Defense Attorneys
The Texas Board of Architectural Examiners thoroughly investigates all applicants for Architect Licenses. Texas TBAE may deny licensees from other states and countries. Most Texas Architect License denials occur due to criminal convictions, financial problems or misstatements on the Architect License application. Denial Hearings and Complaint Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in an Architect License Denial Hearing, the applicant bears the burden of proof.
Texas Board of Architectural Examiners Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a Texas TBAE License Revocation to reinstate their Texas Architect License. The Petition for Reinstatement may result in an investigation by Texas TBAE. Subsequent to an investigation, the Texas TBAE may issue the license, issue the license with a corresponding Settlement Agreement, or deny the license. Texas TBAE may schedule an Informal Conference prior to determining whether to grant or deny licensure. Rehabilitation from past misconduct is a primary factor in a Petition for Reinstatement.