Texas Optometry Board License Defense Attorneys
The attorneys at Ray & Weinstein, P.C. represent clients in Texas Optometry Board License Defense cases. Texas Optometrists face a significant number of rules and regulations promulgated by the Texas Optometry Board. Any alleged violation of these rules and regulations can result in an obstacle to an Optometrists ability to practice in Texas. The firm practices Texas Optometry Board License Defense. From Texas Optometry Board application Denial Hearings to Formal Charges, the firm’s goal is to provide effective and efficient legal representation to the firm’s Texas Optometry Board License clients in these Locations of Practice. The firm represents licensees possessing the following Texas Optometry Board medical licenses:
Texas Optometry Board License Defense Lawyers
Many individuals possess Optometrist Licenses issued by Texas Optometry Board. Most Texas Optometry Board licensed Optometrists have minimal or no contact with the disciplinary systems of the Texas Optometry Board. For Texas licensed Optometrists who become part of the Texas Optometry Board disciplinary process, the consequences are profound. The Texas Administrative Law disciplinary process is complex, procedural and time consuming.
Texas Optometry Board Investigation Defense Lawyers
The majority of Texas Optometry Board 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 Optometry Board utilizes non sworn civilian investigators to conduct non criminal investigations against licensed Optometrists. The Texas Optometry Board works with Texas law enforcement agencies to investigate criminal and administrative law violations committed by Texas Optometrists. 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 Optometry Board License disciplinary process. At the conclusion of a Texas Optometry Board investigation, Texas Optometry Board has several options. The Texas Optometry Board can choose to close the Complaint. Texas Optometry Board can choose to issue an Administrative Penalty. The Texas Optometry Board can also choose to refer the matter to its legal counsel for the filing of formal Administrative disciplinary charges, generally called Formal Charges. Texas Optometry Board legal counsel will determine whether cause exists to file Formal Charges. Texas Optometry Board may hold an Informal Conference with the licensee. In cases involving criminal conduct, the Texas Optometry Board may refer the case to the District Attorney’s Office for criminal prosecution.
Texas Optometry Board Formal Charges Defense Attorneys
Complaints served on a Texas Optometrist License holder serves as notice to a licensee that Texas Optometry Board intends to suspend or revoke the Texas Optometrist 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 Optometrist License. A Default will result in the immediate Revocation of the Texas Optometrist License.
The filing of a Complaint is a serious matter that can result in the suspension or revocation of an Optometrist License in Texas. In many cases, it is possible for licensees to reach a settlement with the Texas Optometry Board. 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 Optometry Board Hearing Attorneys
The Texas State Office of Administrative Hearings, also known as SOAH, hears Texas Optometry Board 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 Optometry Board 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 Optometry Board and the Respondent generally both have the ability to file responses to the Proposal for Decision, called Exceptions and Briefs. The Texas Optometry Board’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 Optometry Board License and Criminal Convictions
Texas Optometry Board can discipline Optometrist Licensees for criminal convictions. Administrative Law discipline for Texas Optometrists primarily occurs for felony criminal convictions and criminal convictions related to the Optometrist License. The Texas Optometry Board 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 Optometry Board License discipline are:
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Texas Optometry Board License Denial Defense Attorneys
The Texas Optometry Board thoroughly investigates all applicants for Optometrist Licenses. Texas Optometry Board may deny licensees from other states and countries. Most Texas Optometrist License denials occur due to criminal convictions, financial problems or misstatements on the Optometrist License application. Denial Hearings and Complaint Hearings before the State Office of Administrative Hearings involve a similar procedure. However, in an Optometrist License Denial Hearing, the applicant bears the burden of proof.
Texas Optometry Board Petition for Reinstatement Lawyers
A Petition for Reinstatement allows individuals who have received a Texas Optometry Board License Revocation to reinstate their Texas Optometrist License. The Petition for Reinstatement may result in an investigation by Texas Optometry Board. Subsequent to an investigation, the Texas Optometry Board may issue the license, issue the license with a corresponding Agreed Order (settlement), or deny the license. Texas Optometry Board 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.