Administrative Law

Professional Licensing

The Law Office of Raskin & Tee is experienced representing licensed professionals before their respective licensing boards, commissions and agencies. We have successfully represented numerous nurses, dentists, pharmacists, veterinarians, day care providers, real estate and insurance professionals in a variety of administrative proceedings and appeals.

Here is a comprehensive list of things you can do to minimize your exposure and protect your license if you are under investigation by your licensing board for allegations of professional misconduct:

• Take the matter seriously. The board investigating you takes their responsibilities seriously so do not let them out-posture or position you. The Board is interested in protecting the public and not about your privilege to practice.
   
• Hire an attorney. Once an attorney is retained the Board’s investigators are prohibited from questioning you or communicating with you directly without the consent of you and your attorney.
   
• Recognize that your license is your livelihood. This is a potentially serious matter as your license is your livelihood. The rules are complex and preparing and presenting defense and mitigation evidence is a complicated affair. A solid case can be developed and put forth on your behalf by a seasoned lawyer who is familiar with the Board’s rules, policies and procedures.
   
• Realize your limitations and accept that in this situation you may well be your own worst advocate. Because you are under investigation anything you say or do will be looked at with a critical eye. Understand and surrender to the notion that you are not in a position to attack and criticize the complainant’s evidence, perspective or point of view.
   
• Be candid but disclose as little as possible. There is a fine line between complying and being cooperative with the investigation and feeding the Board’s investigator otherwise undiscoverable evidence which may very well be used against you. Answer the questions succinctly and be straight to the point. Always avoid a direct conversation with the Board’s investigator if possible.
   
• Remember that the Board’s Investigators are trained professionals. The Board’s investigators are often trained peace officers and ex-agents. Accordingly, they are experienced and display savvy when questioning you about the allegations or incidences in question. Seemingly superfluous or meaningless questions may be geared toward opening you up and making you comfortable so that when prompted you disclose what it is they were looking for. He is a trained professional who is often overqualified and is being paid to uncover (negative) facts about you.
   
• · Be careful who you speak with about the investigation. The Board’s investigators are likely to question many of your colleagues and coworkers about the alleged misconduct. Therefore, as their professional integrity and license becomes an issue to them, they are less likely to keep your secrets. Moreover, they may inadvertently tell the investigator that you seemed overly concerned about their inquiries.
   
• Be thorough and candid with your attorney. There is nothing worse than going to a hearing, trial or settlement conference and learning facts about the case for the very first time during the proceeding ‑-unfortunately this is not an uncommon scenario. Proper preparation for a hearing requires an intensive knowledge and understanding of the contested facts and legal issues in dispute. If the facts change so do the legal issues, so an honest and straightforward approach with your attorney will derive you optimal results.