If you’re a professional who receives your credentials from an occupational licensing board, you probably devote a great deal of time each year to meeting continuing education requirements and staying informed of regulatory updates. When you’ve worked hard to obtain licensure and stay in good standing, learning that you are facing an investigation by the board is extremely distressing.
From the moment you receive notice of a disciplinary hearing, you’ll be faced with numerous decisions that can heavily influence the outcome of your case. Though each professional licensing board has its own administrative procedures and requirements, all hearings require thoughtful preparation. Here is a step-by-step guide to navigating the disciplinary process while protecting your career.
As overwhelming as it may feel, waiting to address the situation will almost certainly make things worse. In most cases, there are strict deadlines to respond or file other motions, and if they pass, you may lose your opportunity to effectively defend yourself.
Begin by reading the notice carefully to make sure you understand the allegations and what is being asked of you. Then, get organized. Locate all documents and correspondence related to your case. Protect yourself by keeping all further relevant communication with board administrators, supervisors, and coworkers in writing. It’s a good idea to follow up any in-person conversations about your case with a text or email summarizing what was discussed.
Even if you feel that the allegations against you are the result of a simple misunderstanding, it’s important to appreciate the harm that being professionally disciplined can do to your career. Consulting with an attorney will help you confirm that you are responding to your disciplinary complaint in an optimal way.
Choose a lawyer who has direct experience with defending occupational licenses — ideally one who has dealt with your specific administrative board. Because procedures vary from one board to the next, an already-familiar attorney will be able to focus completely on preparing a successful defense.
Understand that your lawyer is your advocate and it’s imperative to be completely honest, even about details of your case that may paint you in an unflattering light. Your attorney can’t prepare an effective defense based on partial information, and lies have a way of turning innocuous complaints into devastating ordeals.
An experienced license defense lawyer will be instrumental in preparing legal strategy, identifying witnesses, and gathering statements in support of your case. Compile evidence and review the key points you want to make at your hearing until you feel very familiar with each one.
There is no need to sound perfectly rehearsed, but it’s inadvisable to wing it. Unfortunately, many very savvy professionals who choose to speak from the heart at their disciplinary meetings accidentally create problems for themselves. Nerves can take over, and without proper preparation, it’s easy to make statements that don’t align with your defense strategy. Your attorney will be able to anticipate the kinds of questions the board will ask and help you pre-plan clear, confident responses.
Even in situations where you plan to admit fault, it’s important to develop a strategy and stick to it. Identifying mitigating factors and proactively taking corrective action can help the board see your case in a more favorable light.
The disciplinary hearings committee of each professional association has a set of procedures designed to keep the process fair and orderly. The better you understand what is expected of you before and during your hearing, the less likely you will be to miss important opportunities or speak out of turn.
Your licensing board may seem like an intimidating entity, but remember that each board member is a human who will appreciate your efforts to help the procedure run smoothly. Do your best to get plenty of sleep the night before, dress professionally, and be on time. An experienced attorney can guide you through the hearing itself and keep your side of the story compelling and concise.
Professional licensing boards have the authority to respond to your case in a number of ways, from dismissing the complaint against you completely to imposing a range of sanctions. Once you know the outcome of your hearing, your attorney can help you decide on the best course of action.
If the board decides to hold you responsible for the allegations in your complaint, they may issue a reprimand, require continuing education, or impose restrictions on your professional license. In the event of an unfavorable decision, you’ll have to decide whether it’s in your best interest to accept the disciplinary action or explore grounds for an appeal.
Regardless of the outcome of your case, it’s a good idea to assume you’ll be under some amount of additional scrutiny for a while. Make sure that you stay informed of policies and are meeting requirements for professional conduct and continuing education.
If you have any doubts or concerns about your personal or professional decisions following your disciplinary hearing, it can be helpful to maintain a relationship with your license defense attorney. A proactive approach can help you avoid further issues with your occupational licensing board down the road.
