The attorneys at Ray & Weinstein, P.C. represent clients in Texas Commission on Environmental Quality License Defense cases. Texas TCEQ Occupational License holders face a significant number of rules and regulations promulgated by the Texas Commission on Environmental Quality. Any alleged violation of these rules and regulations can result in an obstacle to a TCEQ Occupational License holders ability to practice in Texas. The firm practices Texas TCEQ License Defense. From a Texas TCEQ application Denial Hearing to a Notice of Violation or Notice of Enforcement, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas TCEQ License clients in these Locations of Practice. The firm represents individuals and businesses with the following Texas TCEQ Occupational licenses:

• Backflow Prevention Assembly Tester
• Customer Service Inspector
• Landscape Inspector
• Landscape Irrigator
• Leaking Petroleum Storage Tank Correction Action Specialist
• Municipal Solid Waste Operator
• On Site Sewage Facility
• Underground Storage Tank Contractors
• Wastewater Operators
• Water Operators
• Water System Operating Company
• Water Treatment Specialist

Texas Commission on Environmental Quality License Defense Lawyers

Many individuals possess Professional Licenses issued by Texas TCEQ. Most Texas TCEQ Occupational License holders have minimal or no contact with the disciplinary systems of the Texas Commission on Environmental Quality. For Texas TCEQ Occupational License holders who become part of the Texas TCEQ disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.

Texas TCEQ Investigation Defense Lawyers

The majority of Texas Commission on Environmental Quality License 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 TCEQ utilizes non sworn civilian investigators to conduct non criminal investigations against TCEQ Occupational License holders. Texas TCEQ works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas TCEQ Occupational License holders. 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 Commission on Environmental Quality License disciplinary process. At the conclusion of a Texas TCEQ investigation, Texas TCEQ has several options. The Texas Commission on Environmental Quality can choose to close the Notice of Violation. Texas TCEQ can choose to issue an Administrative Penalty. The Texas Commission on Environmental Quality can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Notice of Violation. Texas TCEQ legal counsel will determine whether cause exists to file a Notice of Violation. Texas TCEQ may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Commission on Environmental Quality may refer the case to the District Attorney’s Office for criminal prosecution.

Texas TCEQ Notice of Violation Defense Attorneys

A Notice of Violation or Notice of Enforcement served on a Texas TCEQ Licensed Professional serves as notice to a licensee that Texas TCEQ intends to suspend or revoke the Texas TCEQ Professional License. The licensee, now called the Respondent, has only a specific number of days from the date that the Notice of Violation or Notice of Enforcement 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 TCEQ Professional License. A Default will result in the immediate Revocation of the Texas TCEQ Professional License.

The filing of a Notice of Violation or Notice of Enforcement a serious matter that can result in the suspension or revocation of a TCEQ Professional License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas TCEQ. 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).

Texas Commission on Environmental Quality Hearing Attorneys

The Texas Office of Administrative Hearings, also known as SOAH, hears Texas TCEQ 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 TCEQ 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 Commission on Environmental Quality and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas Commission on Environmental Quality 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 Commission on Environmental Quality License and Criminal Convictions

Texas TCEQ can discipline TCEQ Professional Licensees for criminal convictions. Administrative Law discipline for Texas TCEQ Occupational License holders primarily occurs for felony criminal convictions and criminal convictions related to the TCEQ Professional License. The Texas Commission on Environmental Quality 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 TCEQ License discipline are:

Texas TCEQ License Denial Defense Attorneys

The Texas Commission on Environmental Quality thoroughly investigates all applicants for TCEQ Professional Licenses. Texas TCEQ may deny licensees from other states and countries. Most Texas TCEQ Professional License denials occur due to criminal convictions, financial problems or misstatements on the TCEQ Professional License application. Denial Hearings and Notice of Violation Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a TCEQ Professional License Denial Hearing, the applicant bears the burden of proof.

Texas Commission on Environmental Quality Petition for Reinstatement Lawyers

A Petition for Reinstatement allows individuals who have received a Texas TCEQ License Revocation to reinstate their Texas TCEQ Professional License. The Petition for Reinstatement may result in an investigation by Texas TCEQ. Subsequent to an investigation, the Texas TCEQ may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Texas TCEQ 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.