If you are an individual or a business entity that is licensed or certified by the State or Federal Government, when an issue is raised regarding your license or certification, you are subject to the Administrative Procedures Act, as well as the laws, rules and regulations of the governing State or Federal Agency that regulates your industry.
Representation before these governmental entities is DIFFERENT, and NOT like appearing in a court of law for traditional litigation. There are no juries, most decisions are made at the agency level and if you end up in trial, your case will be heard by an Administrative Law Judge who, depending on the Agency, may follow the traditional rules of evidence and procedure for these proceedings or they may be very different than a traditional courtroom setting.
In addition, in most cases of litigation, the Administrative Law Judge does NOT make the final decision, he or she only makes a Proposal for Decision and then sends it back to the Agency for the final determination.
Based on these potential differences in rules and procedure, having an attorney who knows these differences, understands them and is prepared to use this knowledge to effectively prepare your defense and guide you through the process is essential to a successful outcome. Our lawyers have significant experience representing clients in these matters, have relationships with these agencies and have a strong and intimate knowledge of what you will face and what you can expect in your case.
In addition to our expertise in defending clients before these agencies, we have lawyers who have worked for these agencies and are prepared to use their in-house experience to achieve the best results for our clients. Sometimes, this inside knowledge and access can result in getting cases resolved over the phone versus the time and expense of litigation.
We will always seek the most efficient and cost-effective outcome for our clients, but sometimes, if the case cannot be resolved through informal methods, our lawyers are prepared to pursue litigation. If litigation is required, our lawyers have the skills and abilities to represent the client all the way through the State or Federal administrative process.
Our lawyers have represented clients through a number of State and Federal Agencies, including, but not limited to:
- Texas Medical Board
- Texas Nursing Board
- Texas Board of Examiners of Psychologists
- Texas Board of Dental Examiners
- Texas Board of Occupational Therapists
- Department of Aging and Disability Services
- Department of State Health Services
- Texas Health and Human Services Office of the Inspector General (OIG)
- Texas Real Estate Commission
- Texas Department of Licensure and Regulation
- Centers for Medicare and Medicaid Services
- Social Security Administration
- Equal Employment Opportunity Commission
- Occupational Safety and Health Administration (OSHA)
- Texas Department of Motor Vehicles
- Office of Consumer Credit Commissioner
When your professional license or certification is in jeopardy and your career or your company may be on the line, you deserve a lawyer that knows what needs to be done, and is prepared to do it, not a lawyer who has “never done it before, but can figure it out.”
