Chelle Law offers assistance with Administrative Appeals and Hearings for those in need of quality legal defense. Professional Licensing Boards (Boards) issue licenses, registrations and certificates to professionals. These Boards receive complaints and then act to determine if there has been a violation of the law. The Board then decides whether to issue any disciplinary action when necessary. Even when a decision is made, the professional can appeal the decision and a hearing will be held.
The Office of Administrative Hearings also handles administrative appeals and hearings for many other state agencies (Agency) such as:
- Department of Child Safety (DCS)
- Registrar of Contractors
- Department of Health Services (DHS)
- Texas Department of Insurance
- Department of Economic Security (DES)
- Arizona Department of Real Estate (ADRE)
Board Disciplinary Actions
After the board or agency launches an investigation they will then determine if disciplinary action is necessary. Should the board or agency determine disciplinary action is necessary they will implement as needed. This could include a letter of reprimand, probation, decree of censure, denial, civil penalties, suspension or revocation.
An Agency may also make a decision that negatively effects the rights of the person. For example: a denial of insurance benefits, a substantiated claim of child or abuse abuse, the removal of a health care facility license. If they decide on a negative decision the individual or facility has appeal rights.
Requesting an Appeal
When a Board or Agency decides to offer formal discipline as a result of their investigation of the complaint, the individual has the right to appeal the final decision. The subject of the complaint can either consent to the discipline by signing an agreement, or can request a hearing to appeal the decision.
An Administrative Hearing due to an Appeal
In most cases, the Office of Administrative Hearings conducts an administrative hearing with an Administrative Law Judge (ALJ) presiding. However, a few professional licensing boards hear their own appeals. The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. Each party also gives an opening statement and a closing argument which should explain why the judge should rule one way or the other. The Respondent can cross examine witnesses and testify on her own behalf.
After the hearing the ALJ reviews the transcripts, evidence and makes a decision as to what the right action will be. A recommendation is put forth to the Board or Agency. However, the Board or Agency generally makes the decision to either accept, reject or modify the ALJ’s decision. If an error is made the person can request a rehearing.
Individuals that will likely appeal a decision should not discuss their case with friends, co-workers or anyone that could end up testifying to harmful information that could damage your case. At the hearing these people can be witnesses. Remember to only ask your attorney questions and or statements.
If you have questions about your Administrative Appeals and Hearings procedures and would like to learn more about the services we offer contact Chelle Law today.