Lexington County Professional License Defense Lawyer 

The risk of losing your state license to practice a profession may present itself unexpectedly if a complaint is filed with the South Carolina Department of Labor, Licensing and Regulation. The complaint begins an extensive and technical process that can take as long as six months to reach a conclusion.

In such a situation, it may be imperative to contact a Lexington County professional license defense lawyer as soon as possible so they can begin working on making sure your rights are protected and that you have the most robust defense possible. Read on to learn more about how a skilled defense attorney could work to make a difference in your case today.

What to Do When an Investigator Calls

After receiving the notice that a complaint has been filed, an investigator with the board overseeing the particular profession’s practice—who has likely already collected relevant documents, records, and other evidence—will request an interview.

It is advisable to secure representation by an experienced Lexington County professional license defense attorney before responding to questions and evidence the investigator has developed. The attorney could work to ensure that evidence is balanced by conducting an independent investigation. It is also often important for the professional to notify the insurance company providing the professional’s malpractice coverage about the complaint.

Complaints Received by Professional Practice Boards

The complaint can involve misconduct in violating a regulation, ethics, or an allegation of a criminal act. Each can lead to dire consequences. A professional practice board comprised of fellow professionals may impose punishment ranging from private or public censure to probation, suspension, or revocation. In lessor regulatory offenses, the accused party may be offered a consent agreement acknowledging incorrect behavior. However, that can still harm a career.

Potential criminal allegations include embezzlement, fraud, theft, misrepresentation, domestic violence, and offenses involving drugs or alcohol. The investigator may recommend the state’s Recovering Professional Program, and compliance is compulsory for drug and alcohol offenses.

Those who file complaints against professionals can include current and former clients, co-workers, disgruntled persons, or other professionals. It is important that the professional under investigation not contact the individual who made the complaint. The boards of the various professional disciplines may also lodge complaints on their own.

Process Involved After a Complaint is Made

Administrative law does not use a statute of limitations, so a regulatory complaint can be made years after the alleged event. After the board’s investigator completes the initial work, a report is submitted to the board’s Investigative Review Committee, which may reject the complaint or order a hearing at which both sides present physical and documentary evidence and the testimonies of witnesses. The defense may challenge the validity or admissibility of evidence and challenge witnesses’ statements.

If the practice area board rules against the respondent, the defense is allowed to appeal the case to the South Carolina Administrative Law Court and then to Court of Appeals. In some criminal cases, the professional board refers the case to the Criminal Prosecution Division of the South Carolina Attorney General’s office. The rules and procedures here are different from administrative law.

Speak with a Lexington County Professional License Defense Attorney Today

A qualified Lexington County professional license defense lawyer is well-versed in regulatory, administrative, and criminal law, and could be aggressive in preparing and presenting the best defense possible to protect a professional’s license. During a consultation, an attorney could review the complaint against you and provide initial legal advice to explain your legal rights. For a free case review, simply call for an appointment today.