The attorneys with Chelle Law can provide an Texas Office of Administrative Hearings Attorney to represent individuals before the Texas State Office of Administrative Hearings (“SOAH“). Texas Professional Licensing Boards (“Boards“) issue licenses, registrations and certificates to professionals in Texas. These Boards receive complaints and act to determine if there has been a violation of the law. Therefore, Boards will decide whether to issue any disciplinary action if they believe a violation has taken place. A licensee (of many Boards) can appeal the decision and request a hearing with SOAH. Additionally, SOAH also handles administrative appeals and hearings for many other Texas State agencies (“Agency“) such as:
- Texas Department of Insurance
- Attorney General’s Office
- Comptroller of Public Accounts
- Texas Commission on Law Enforcement
- Texas Department of Licensing and Regulation
- Texas Board of Nursing
- Texas Medical Board
- Health and Human Services Commission
- Texas Education Agency
Agency and Licensing Board Disciplinary Actions
When a complaint has been investigated and it is determined that disciplinary action is necessary, the Board or Agency will move forward to implement the disciplinary action. 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. The individual or facility has the right to appeal and request an administrative hearing before the State Office of Administrative Hearings.
Texas State Office of Administrative Appeals and Hearings
If a hearing is held, it is presided over by an Administrative Law Judge (“ALJ“). The hearing is not as formal as a trial, but it is similar. Each party will present evidence using documents or sworn testimony. The attorneys will provide an opening statement and a closing argument which should explain why the judge should rule one way or the other. Your attorney can cross examine witnesses and testify on her own behalf. After the hearing, the ALJ will review the transcripts, evidence and make a recommendation to the Texas Agency.
Acceptance of Administrative Law Judge Decisions by Agencies
The Agency or Board ultimately makes the decision to either accept, reject or modify the ALJ’s decision. Eight Five percent (85%) of all ALJ Hearing decisions were accepted by the Texas Agency or Board without modification. Twenty three (23%) of the modifications to the ALJ’s decision were made to the penalty portion of the offered settlement. However, a rehearing can be requested if an error is made by the Board
Texas State Office of Administrative Hearings Attorney
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 may be witnesses. Your attorney should be the only person you discuss the case with.
If you have questions about our Texas Office of Administrative Hearings Attorney and would like to learn more about the services we offer contact Chelle Law today.