Columbia Professional License Defense Lawyer

The task of the South Carolina Department of Labor, Licensing and Regulation is to protect the public and regulate professions. When the department receives a complaint, it may determine that there is no basis for it, or it may notify the professional in question that it is placing them under investigation.

Either way, the services of our Columbia professional license defense lawyer who has defended many of these cases can be critical to achieve a positive result under the circumstances. Read on to learn more about how a skilled defense attorney could offer you their services today.

Parties That May Lodge a Complaint

A complaint can be filed by anyone who has used a professional license holder’s services, including a current client, a former client, or someone who has an interest such as a competitor, a co-worker, the business owner, or a disgruntled former employee or spouse.

The license board of the particular profession may also initiate an investigation if it has suspicion or evidence that a professional is operating below the standards established for the professional discipline.

Notice that a Complaint is Being Investigated

Once a license holder is notified of the complaint, usually in writing, it has already been evaluated by the investigative arm of the agency. At this point, an investigator will contact the alleged offending professional requesting an interview.

It is generally wise not to talk to the investigator without first seeking counsel from an experienced professional license defense attorney in Columbia who knows the administrative law and regulatory systems at the interview. Any statement a professional license holder makes to the investigator may become evidence in the investigation.

Administrative Law and Procedure Explained

The board within the particular profession of the individual under investigation will review the allegation to determine if a violation of that profession’s practice act has occurred and, if so, the complaint moves to the board’s chief investigator for review and then onto the board’s Investigative Review Committee. If the committee rules that the complaint does not have merit, the complaint is dismissed, or if it is valid, a formal hearing is scheduled.

If the hearing determines the complaint has merit, the professional in question may appeal the decision to the South Carolina Administrative Law Court. The board and the defense counsel will present evidence and witnesses.

Disciplinary Actions Available to a Professional Licensing Board

Depending upon the case, a professional’s Labor, Licensing, and Regulations LLR Board may issue a private or a public reprimand. The public rebuke is designed to warn the general public about the professional’s conduct or order a term of probation. A board may also suspend or revoke a professional’s license to practice. Fines may also be imposed.

If the professional wants to challenge the Board’s ruling, an appeal can be filed in the Administrative Law Court. If the Administrative Law Court rules against the professional, the case can be appealed to the South Carolina Appeals Court. However, that court can refuse to hear the case unless it can be shown that procedural or evidentiary errors occurred in the lower court.

Working with a Columbia Professional License Defense Attorney

A Columbia professional license defense lawyer could determine the strength and weaknesses of a complaint, devise a defensive strategy, aggressively challenge the complaint’s interpretation of the alleged event, and conduct an independent investigation into the matter. Call today to schedule an initial consultation.