FAQ’S: Defending Your License
Frequently Asked Questions About Professional Licensing Investigations and Defense
If you have received notice that you are being investigated by a California professional licensing board, you are bound to have many questions. The most common questions licensees ask us when challenged to defend their professional licenses are as follows:
- Do I need to hire an attorney? An experienced California professional license defense attorney will not only provide you with valuable insight and assistance throughout the process, they will also bring to the table an unbiased opinion. A professional license investigation can be a nerve-wracking experience for a licensee. Licensing review boards are not looking out for you and your best interests. This is where a qualified California professional liability expert can add the most value. Specifically, the experience of an attorney in handling similar cases will not only give you peace of mind but also help you obtain the best possible outcome. An attorney will also ensure that you are making the best decision for you and your professional future and not based on current emotions.
- What can I expect to happen? The investigation is usually the first step that a board takes when determining whether the licensee committed any wrongdoing. Depending on the type of board, this process can be quite lengthy and typically a licensee is not privy to any discovery that is conducted in his or her case. After the initial investigation, the board may, in its discretion, decide that there is not enough information to proceed and ultimately, close the case. However, a board can also choose to pursue formal charges against a licensee, which, without effective legal representation, can have serious personal and professional consequences for that individual. In other instances, the board may issue a fine or reprimand or even require the licensee to take rehabilitative type classes before they can resume their practice.
- Do I need participate in the licensing investigation? Oftentimes, licensees find themselves in a position where he or she wants to “help” the investigation. However, most licensees do not realize that they may not be required to participate in the process, and that many times it is in the best interests of a licensee not to participate. The investigation will proceed whether or not the licensee chooses to get involved or not. Whether the licensee participates in his or her disciplinary investigation is a decision best made after a thorough discussion of the facts with the licensee’s attorney.
- Can I continue to practice my profession? In many cases, a licensee can continue to practice during the pendency of his or her investigation. This is usually welcome news since an investigation can take several months, or even years, to complete.
- What happens if my licensing board contacts me? The best thing you can do is to speak with a qualified professional licensing attorney before saying anything to the board that can incriminate yourself. Attorney Lucy S. McAllister will review your case and advise you of what information to share with the board should they contact you. Don’t take risks by speaking with your licensing Board without having qualified legal counsel to guide you.
If you received notice from your licensing board that you are under investigation or are facing a potential denial, suspension or revocation of your professional license, please call us today so that we can help in negotiating and resolving any complaints that have been lodged against you. The Law Offices of Lucy S. McAllister Licensing Law have assisted many professionals in avoiding the loss of their professional licenses.
To learn more about your legal options, call our law offices today at (408) 947-5946 in San Jose, or (415) 939-9396 in San Francisco, to schedule your completely confidential initial consultation. Or call us toll free at (877) 280-9944 anywhere in the state of California.