You worked hard to earn your professional license. You might have attended school for years gaining the knowledge necessary to practice your profession. Perhaps you met other stringent requirements, like passing an examination or apprenticing with a mentor.
Losing your professional license risks your career and, in many cases, your identity. When your license is threatened, you have the right to defend yourself. A professional license defense attorney in Tampa from Metcalf Falls, Criminal Defense Attorneys, P.A. can defend you and your license and fight for a fair outcome in your case.
We Provide Professional License Defense in Florida
Florida requires many professionals to obtain and hold a valid license to work in their field. Without the license, the state can bring administrative or even criminal proceedings to shut down the practitioner’s business.
Some professionals who need a license and could lose it in a disciplinary hearing include the following:
- Doctors
- Dentists
- Veterinarians
- Lawyers
- Nurses
- Architects
- Building contractors
- Electrical contractors
- Psychologists
- Mental health counselors
- Professional engineers
- Certified public accountants
- Real estate agents
- Registered investment advisors
- Certified financial planners
- Home inspectors
- Cosmetologists and barbers
- Massage therapists
This list is not exhaustive. Some occupations involve specialty licenses. Other licenses are granted to the business, such as a public lodging or talent agency, instead of or in addition to the person running it.
What is the Administrative Investigation and Hearing Process Like in Florida?
Each licensing board in Florida has its own rules and procedures for handling license revocations and suspensions. But most of these processes follow a similar series of steps that allow the license holder to defend their license. These steps often include:
First, a Complaint is Filed Against You
A license revocation or suspension proceeding often begins with a complaint. This complaint can come from many sources:
- Current customers or clients
- Former customers or clients
- Colleagues and peers
- The licensing board
Former or current customers and clients may raise issues about the quality of the services rendered or the competence of the professional rendering them. They may also make a complaint when they have not received the services they believe a professional promised.
Professional colleagues may raise issues about unfair business practices, such as misleading advertisements. They may also complain about unprofessional behavior.
Finally, some boards can raise issues without any outside complaints. Sometimes, these issues involve administrative requirements like continuing education. But they can also involve substantive matters. For example, a licensing board might open a case after a professional gets convicted of a crime.
Next, The Complaint is Investigated
The licensing body will investigate the allegations against you. These investigations are not always transparent. But at the end of the investigation, the licensing body will decide whether to take action against your license or drop the complaint.
At this point, an experienced license defense attorney might persuade the body to drop the complaint. For example, if the evidence of a license violation is shaky, a lawyer might be able to convince the board to save its resources for more serious cases.
If the board decides to proceed with the case, you and your lawyer will receive a copy of all the records and witness statements the body will use against you. Your lawyer can use these materials to gather evidence to defend you.
You Can Respond to the Complaint And Testify at a Hearing
The licensing body will typically set a deadline for your lawyer to respond to the complaint and the evidence. After receiving the response, the board may decide to drop the case. It may also open the door to settling the case in exchange for you accepting some form of punishment short of license revocation.
For example, a board could offer:
- Private reprimand
- Public reprimand
- Temporary license suspension
These punishments would allow your lawyer to settle your case while preserving your professional license.
If you cannot settle your case, the board will set a hearing. This hearing is similar to a trial. However, instead of a jury, you will have your fate decided by a licensing panel.
The licensing body will present the case against you, and your lawyer will present your defenses. The panel will weigh the evidence and render a decision.
There Will be a Decision Made About the Complaint
The decision will usually include findings of fact. It may impose a punishment. You and your lawyer should discuss what steps you might take throughout the process to try to avoid the worst punishment of license revocation. Sometimes, showing contrition and making restitution will help you avoid losing your license indefinitely.
You Can Appeal the Board’s Decision in a Review
You will almost always have the option to have the licensing board’s decision reviewed. In some cases, you can appeal the decision. In other situations, you may need to file a lawsuit against the licensing body to obtain judicial review of its action.
You Can Apply for Reinstatement
If the licensing body suspends or revokes your license, it may allow you to apply for reinstatement. You may need to wait a certain amount of time. You may also need to take some kind of remedial measures.
For example, if your license was suspended because of problems arising from alcoholism, the board may be more open to reinstating you after you complete alcohol rehab.
FAQs about Professional License Defense
What types of complaints can lead to a professional license investigation?
Complaints can arise from various sources, including dissatisfied clients, former employees, professional peers, or even the licensing board itself. These complaints may involve allegations of substandard service, unprofessional behavior, ethical violations, or administrative non-compliance.
What happens during a professional license investigation?
The licensing board will investigate the allegations by gathering evidence, interviewing witnesses, and reviewing records. At the end of the investigation, the board will decide whether to dismiss the complaint, impose penalties, or proceed to a disciplinary hearing.
Can I settle my case without losing my professional license?
Yes, many cases are resolved through settlement. Potential outcomes include a private reprimand, a public reprimand, or a temporary license suspension. These options allow you to avoid losing your license permanently.
What should I do if I receive a notice of complaint from my licensing board?
Contact a professional license defense attorney immediately. An experienced attorney can help you prepare a strong response, protect your rights during the investigation, and negotiate with the board to achieve a favorable resolution.
Can I appeal a licensing board’s decision to revoke my license?
Yes. You may appeal the board’s decision or seek judicial review, depending on the circumstances. Your attorney can guide you through the appeals process and help present your case to a higher authority.
What are my chances of reinstating a revoked or suspended license?
Reinstatement depends on the nature of the violation and any remedial actions taken. Licensing boards may require a waiting period and evidence of rehabilitation, such as completing continuing education or treatment programs.
How Can a Tampa Professional License Defense Attorney Help?
No two licensing defense cases are the same. A Tampa professional license defense attorney can review your situation and the licensing board’s rules and advise you about the best strategies for preserving your license.
Your lawyer will negotiate with the licensing body to try to resolve the case fairly. And if the case does not settle, the lawyer will present your case at a hearing.
Contact a Professional License Defense Attorney Now
You invested time and effort into obtaining your professional license. Contact Metcalf Falls today to find out how we can help you defend your license.
Call (813) 258-4800 to schedule an initial consultation today with our criminal defense law firm in Tampa.
