The attorneys at Ray & Weinstein, P.C. represent clients in Texas Department of Public Safety License Defense cases. Texas DPS licensed professionals face a significant number of rules and regulations promulgated by the Texas Department of Public Safety. Any alleged violation of these rules and regulations can result in an obstacle to a Texas DPS licensed professionals ability to work in Texas. The firm practices Texas DPS License Defense. From a Texas DPS application Denial Hearing to a Formal Disciplinary Action, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas DPS License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Department of Public Safety Professional Licenses and Business Licenses:
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Texas Department of Public Safety Professional License Defense Lawyers
Many individuals possess a Texas Professional License issued by Texas DPS. Most Texas DPS licensed professionals have minimal or no contact with the disciplinary unit of the Texas Department of Public Safety. For Texas DPS licensed professionals who become part of the Texas DPS disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas DPS Investigation Defense Lawyers
The majority of Texas Department of Public Safety Professional 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 DPS utilizes non sworn civilian investigators to conduct non criminal investigations against Texas DPS licensed professionals. Texas DPS also investigates criminal and administrative law violations committed by Texas DPS licensed professionals. 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 Department of Public Safety Professional License disciplinary process. At the conclusion of a Texas DPS Professional License investigation, Texas DPS has several options. The Texas Department of Public Safety can choose to close the Complaint. Texas DPS can choose to issue an Administrative Penalty. The Texas Department of Public Safety can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called a Formal Disciplinary Action. Texas DPS legal counsel will determine whether cause exists to file a Formal Disciplinary Action. Texas DPS may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Department of Public Safety may refer the case to the District Attorney’s Office for criminal prosecution.
Texas DPS Formal Disciplinary Action Defense Attorneys
A Formal Disciplinary Action served on a Texas DPS licensed professional serves as notice to a licensee that Texas DPS intends to suspend or revoke the Texas DPS Professional License. The licensee, now called the Respondent, has only a specific number of days from the date that the Formal Disciplinary Action 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 DPS licensed professional. A Default will result in the immediate Revocation of the Texas DPS licensed professional.
The filing of a Formal Disciplinary Action is a serious matter that can result in the suspension or revocation of a Texas DPS Professional License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas DPS. A Consent Order is a formal term for a settlement agreement. If a Consent Order cannot be reached, the parties will proceed to a formal Hearing before the Texas State Office of Administrative Hearings (SOAH).
Texas Department of Public Safety Professional Hearing Attorneys
The Texas Office of Administrative Hearings, also known as SOAH, hears Texas DPS 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 DPS 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 Department of Public Safety and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. Texas DPS can adopt, modify or reject the ALJ’s Proposal for Decision. The Texas Department of Public Safety’s 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 Department of Public Safety Professional License and Criminal Convictions
Texas DPS can discipline Texas DPS licensed professionals for criminal convictions. Administrative Law discipline for Texas DPS licensed professionals primarily occurs for felony criminal convictions and criminal convictions related to the DPS Professional License. The Texas Department of Public Safety Professional 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 DPS License discipline are:
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Texas DPS License Denial Defense Attorneys
The Texas Department of Public Safety thoroughly investigates all applicants for Texas DPS Professional Licenses. Texas DPS may deny licensees from other states and countries. Most Texas DPS Professional License denials occur due to criminal convictions, financial problems or misstatements on the DPS Professional License application. Denial Hearings and Formal Disciplinary Action Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in a Texas DPS License Denial Hearing, the applicant bears the burden of proof.
Texas Department of Public Safety Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a Texas DPS Professional License Revocation to reinstate their Texas DPS Professional License. The Petition for Reinstatement may result in an investigation by Texas DPS. Subsequent to an investigation, the Texas DPS may issue the license, issue the license with a corresponding Consent Order (settlement), or deny the license. Texas DPS 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.