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