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