Navigating the Aftermath of a Licensing Board Inquiry
For any professional, the end of a licensing board investigation also results in a stressful waiting period. The possibility of a formal hearing adds another degree of uncertainty, even as probes gather evidence.
In the best case, the investigation concludes that the claims are unfounded. The board will dismiss the case, and your license remains intact. You could receive a formal dismissal notification or simply hear nothing further. In these situations, a formal hearing is unnecessary.
Depending on the strength of the evidence, the board could take disciplinary action if the investigation reveals potential misconduct. When we negotiate for a settlement, we can secure a favorable outcome. This precludes the need for a hearing. If there is insufficient evidence, this too precludes the need for a hearing.
However, you could face a formal hearing if the evidence points to misconduct and the board wants to take disciplinary action. Some of the outcomes you could face include:
- Reprimand
- Probation
- Suspension, or
- Revocation
During this hearing, you and the board will have a structured forum to present arguments and supporting documentation. We will use the evidence from our independent investigations to make your case and challenge the allegations.
Having a professional license defense lawyer by your side will be helpful when there is a hearing. With the assistance of the Oakland License Attorney, you can control expectations (not the outcome) and make appropriate preparations.
Let us look at the disciplinary actions in more detail:
Reprimand
Reprimands are the least severe disciplinary action a licensing board can issue against you. When reprimanded, you will lose your ability to carry on with your business as usual. However, it is not without consequences.
The reprimand will detail information about the violation or misconduct. These include the following:
- Your minor ethical lapses
- The administrative oversights you were involved in, or
- Your failure to meet continuing education requirements
Even if you can keep working, a reprimand can damage your reputation. Potential employers or clients can access this information. They will raise concerns about your professionalism. If you have a history of reprimands, it could also affect licensing applications or renewals in the future.
Probation
Probation allows you to continue practicing under supervision while demonstrating reform. This approach has its criteria and possible repercussions. However, with probation, you will avoid the immediate inconvenience that a suspension or revocation causes.
Your probation order will explain the length of your supervision and the particular obligations you should meet. Additionally, the board could require you to:
- Take ethical classes
- Practice under a mentor's guidance
- Finish or continue education courses, or
- Abstain from specific actions associated with the violation
Additionally, the board could mandate you to report regularly to show your compliance with the probation terms.
A probation's key advantage is that it allows you to continue working in your field. This will help you preserve your career's momentum. You also do not have to compromise your financial situation while dealing with the wrongdoing. However, if you fail to comply with the terms of probation, you could face harsher penalties. Your license could be suspended or revoked.
Suspension
Although suspending your professional license is a severe penalty for wrongdoing, it does not mean the end of your career. The licensing board issues a formal order specifying your suspension's grounds and length. This order describes the offense or misbehavior that resulted in the fine. Serious ethical violations include carelessness or dishonesty, neglecting to complete mandatory classes, substance abuse, or pertinent criminal convictions. All these are common grounds for suspension.
It is illegal to practice your profession during the suspension. This could have grave financial and professional implications.
Revocation
The worst punishment a licensing board can administer is a professional license revocation. It represents an outright denial of the right to practice, impacting your livelihood.
Some of the grounds for a license revocation are primarily recurring unethical offenses, such as:
- Fraud or carelessness
- Failing to address the shortcomings outlined during probation
- Having criminal records closely associated with your line of work or
- Substance abuse that demonstrably puts public safety at risk
The revocation has serious consequences. It is against the law for you to practice once your license is revoked. Doing so will adversely impact your reputation and make it harder for you to get work in the same field.
