Professional Licensing Defense
If you are a professional that relies on an occupational license for your right to work within your field, it’s imperative that you have a good relationship with a professional licensing defense attorney that can protect you if you ever run into difficulties. The fact of the matter is that we live in an extremely litigious society, and there will be people who will try to pursue legal matters against you, even when they don’t have reasonable claims to do so. For the protection of the public, there are robust mechanisms in place to assess the competence and evaluate the actions of those with professional licenses, and an attorney with deep experience tussling with Labor, Licensing and Regulation is an excellent first port of call in these cases. Naturally, at The Law Office of Tracey R. Perlman, we’re well-placed to handle any matters that involve LLR. To find out more about what we can do for you, read on below.
What is Professional Licensing Defense?
There are a number of professions in the United States which are overseen by regulatory boards and organizations, whose job is to follow up with disciplinary actions against licensees who have been accused of professional misconduct, unethical behavior, and of course, those who have been charged criminally. During these difficult times, a professional licensing attorney will step up to the plate to defend the accused party. This, essentially, is what a professional licensing defense amounts to, but there are other ways that a professional licensing attorney can prove useful for you too.
Understanding The LLR Process
Each year, LLR receives complaints relating to approximately 2 percent of its licensees. Complaints can be made online, in-person or by mail. Complaints can be anonymous. Once a complaint is received, it will be assigned to a complaint analyst who reviews the complaint to determine if a violation of the board's practice act may have occurred. The Complaint Analyst reviews the complaint and determines whether, assuming the allegations in the complaint were true, there is a violation of the professions practice act.
If it is determined that a complaint does not reasonably allege a violation of the board's practice act, the complaint will be classified as a "Do Not Open” case and the matter will be closed. Otherwise, the case will be assigned to the appropriate chief investigator who will review the complaint, determine issues, assign case number and assign case to an investigator.
LLR Board Hearings: Proper Preparation Can Help Protect Your Professional License
Proper preparation for your LLR Panel or Board hearing is essential to protect your professional license. While you might expect that the Board will know everything about your case and what has occurred through the LLR investigative process, the reality is that your disciplinary hearing will be the first time that the Board has heard anything about your case.
Our South Carolina professional license defense attorneys are experienced with handling LLR related matters. We will ensure that you are prepared, know what to expect, and that the proper remedial efforts have been made. We routinely represent clients in before the various SC LLR boards and welcome the opportunity to discuss the nature of your specific case.
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If you’ve been contacted by the South Carolina Department of Labor, Licensing and Regulation (LLR), NOW is when you should contact an experienced professional license defense attorney.
Understanding The LLR Process
Each year, LLR receives complaints relating to approximately 2 percent of its licensees. Complaints can be made online, in-person or by mail. Complaints can be anonymous. Once a complaint is received, it will be assigned to a complaint analyst who reviews the complaint to determine if a violation of the board’s practice act may have occurred. The Complaint Analyst reviews the complaint and determines whether, assuming the allegations in the complaint were true, there is a violation of the professions practice act.
If it is determined that a complaint does not reasonably allege a violation of the board’s practice act, the complaint will be classified as a “Do Not Open” case and the matter will be closed. Otherwise, the case will be assigned to the appropriate chief investigator who will review the complaint, determine issues, assign case number and assign case to an investigator.
The Notice of Complaint
If it is determined that investigation into the complaint is necessary, the person the complaint is against, now called the Respondent, will receive a notice of complaint broadly describing the allegations of the complaint, notifying the Respondent of the name of the investigator and providing the Respondent with an opportunity to reply to the Complaint.
The reply to the notice of complaint is the first opportunity for a licensee to protect their license. The notice of complaint may request a meeting or an interview, it may ask for a response in writing, or may ask you to send documents. Often, it is this response that determines whether an investigation continues to the next level.
Before you respond to any notice of complaint, you have the right to retain an attorney to help protect you. An experienced LLR attorney will advocate for you and work to protect your license and livelihood. Hiring an attorney allows the attorney to answer the complaint on your behalf, attend any meetings or interviews with you and determine which documents are proper to answer the complaint.
The Investigative Review Committee
Once the complaint has been issued, a response requested and an interview conducted, the LLR investigator presents his/her findings to Investigative Review Committee (IRC). The IRC is made up of investigators, attorneys, and professional members. The IRC committee reads the investigator’s report, discusses the case and decides on appropriate next steps. Depending on the Board, the IRC committee can recommend a Dismissal, a non-disciplinary letter of causation or a formal complaint. The formal complaint is a request for some form of discipline. The IRC determination will then be presented to the Board who can choose to accept or reject the IRC recommendation.
Formal Complaints
If the board approves a formal complaint, the respondent with receive either a Consent Agreement or a hearing notice.
Consent Agreements
Depending upon the nature of the accusations set forth in the LLR complaint, you may be offered a public or private consent agreement (if authorized by your practice act). If the nature of the allegations is more severe, your case may be noticed for a full hearing on the merits of the case. A full hearing requires witnesses and sworn testimony.
Regardless of the proffer, it is extremely important that you closely review all relevant evidence with an experienced South Carolina LLR defense attorney.
There are options beyond simply signing a public consent agreement. A public reprimand can impact your employment opportunities and impede your ability to earn an income. We strongly suggest that you give us a call before signing a public consent agreement to learn more about your rights and to discuss requesting a hearing.
LLR Board Hearings: Proper Preparation Can Help Protect Your Professional License
Proper preparation for your LLR Panel or Board hearing is essential to protect your Professional License. While you might expect that the Board will know everything about your case and what has occurred through the LLR investigative process, the reality is that your disciplinary hearing will be the first time that the Board has heard anything about your case.
Our South Carolina Professional License Defense Attorneys have handled hundreds of LLR related matters. We will ensure that you are prepared, know what to expect, and that the proper remedial efforts have been made. We routinely represent clients in before the various SC LLR boards and welcome the opportunity to discuss the nature of your specific case.
If you have been contacted by an LLR investigator, or offered a consent agreement, contact me today to discuss your options.
Reviews
Tracey has been a blessing to me. She is phenomenal! She cares and it shows. She works very hard for her clients. I was so lucky to have found her!
I have had the pleasure of having Tracey as a defense lawyer during my LLR case. When you feel like everything you worked hard for is falling apart or your career is on the line, Tracey is the LLR Defense lawyer you need. When I found out that I had to go before the board I was a nervous wreck and very distraught. Tracey was very patient with me and explained every situation to me in detail. She was very knowledgeable about her LLR Defense strategies and my case. She took her time and gave her all to my case. Tracey was always available anytime that I needed her. She was awesome and I came out on the bright side of the tunnel thanks to her. Tracey was awesome !!
Rashay Linder, RN
This was the only time I have ever needed a lawyer in my life, and I feel blessed to have found Tracey. She was very knowledgeable and spot-on with the outcome. I’m so glad to have her on my side.
Since meeting and working with Tracey Perlman, I have found her to be the quintessential example of professionalism, always enthusiastic about her work and professional in her job, a very savvy attorney. I feel lucky to be able to work with her, and I am proud to call her my friend.
As a fellow attorney, Tracey is a diligent and dedicated advocate for her clients. Her primary goal is to help people solve their legal problems by providing passionate and personalized representation. She is also incredibly knowledgeable about how to navigate and defend LLR cases.