The job of the Texas Department of Licensing and Regulation (“Department“) is to protect and promote the welfare of the people of Texas. They do this by ensuring each person who is licensed through the Department in the State of Texas is competent to practice safely. This means the Texas Department of Licensing and Regulation has the authority to discipline the license of any professional licensed by the Department. Chelle Law’s Texas Department of Licensing and Regulation Attorneys have represented over 1000 licensed professionals before licensing boards and have the experience needed to help those with Texas Department of Licensing and Regulation matters. We can assist all professionals with Texas Department of Licensing and Regulation issues, including:
- Air Conditioning and Refrigeration Contractors
- Architectural Barriers (Registered Accessibility Specialists)
- Boiler Inspectors
- Driver Education and Safety and Instructors
- Elevator and Escalator Inspectors
- Massage Therapists
- Speech-Language Pathologists and Audiologists
- Tow Trucks and Operators
Texas Department of Licensing and Regulation Complaint
Who can file a complaint against a professional? Patients, Clients, Facilities, other professionals, among others. When the Texas Department of Licensing and Regulation receives a complaint, it will initiate an investigation into the complaint (if it has jurisdiction and the Complaint isn’t dismissed). After this happens, the professional will receive notice and the TDLR assigns an investigator to the case. Please note, having an attorney during this step can be crucial for professionals as they must submit a response, interview with the investigator while also possibly appearing at a Texas Department of Licensing and Regulation Advisory Board Meeting.
Licensing and Regulation Application Denial Assistance
Applicants to the Texas Department of Licensing and Regulation who have a criminal history or previous discipline by the Texas Department of Licensing and Regulation (or any other Board) may be subject to denial of their application for licensure. Thus, those with a criminal or disciplinary history from other licensing boards will be investigated by the Department.
TDLR Penalties and Sanctions Guidelines
The Texas Department of Licensing and Regulation pursuant to the Texas Occupations Code, §51.302(c) has created an Enforcement Plan that specifies the range of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The Enforcement Plan states the criteria that are considered by the Department’s Enforcement staff in determining the amount of an administrative penalty or the magnitude of a sanction to be pursued.
Department of Licensing and Regulation Administrative Appeal and Hearing
Any licensee may request an appeal of an Texas Department of Licensing and Regulation disciplinary action to an administrative law judge with the Texas Office of Administrative Hearings (OAH). In some instances, a case is sent automatically to hearing. The administrative hearing is conducted by OAH before an Administrative Law Judge (ALJ). The hearing is not as formal as a trial, but is similar. Each party presents evidence using documents or sworn testimony. Each party also gives an opening and closing argument which should explain why the judge should rule one way or the other. A professional’s attorney can cross examine witnesses and testify on his or her behalf. After the hearing, the ALJ reviews the transcripts, evidence and makes a recommendation. However, the Board makes the decision to either accept, reject or modify the ALJ’s decision. If n individuals feels there has been a mistake they can request a rehearing.
TDLR Disciplinary Actions
Texas Department of Licensing and Regulation disciplinary actions are given to professionals with a license or certification in Texas. If the Board determines formal disciplinary action is necessary it will happen after the completion of an investigation. It’s the job of the Board to review any complaint alleging a violation of the Texas laws and regulations. Thus, at a Board Meeting the Board will vote to determine the outcome of each investigation. The Board can vote on a non-disciplinary outcome or vote to offer the professional formal discipline. Disciplinary actions can include:
- Dismissal via a Closing Letter
- Warning Letter
- Issuance of a Notice of Alleged Violation (“NOAV”) containing:
- Administrative Penalty
- Agreed Order
- Default Order
- Written Reprimand
- License Denial
The Texas Department of Licensing and Regulation, pursuant to the Texas Occupations Code, §51.302(c), has published an Enforcement Plan that lists the penalties and license sanctions that apply to specific statute and rules violations by each separate segment for each type of person or entity regulated by TDLR.
Each segment of the plan contains a brief description of each individual violation that may be committed by the regulated person or entity, a citation to the statute and rule provision for each violation, and a range of penalties and/or sanctions applicable to each violation.
If you’re interested in setting up a consultation with our Texas Department of Licensing and Regulation Attorney at Chelle Law or learning more about any of the services we provide to Texas professionals we invite you to reach out to us today.