Licensing boards make decisions that have substantial consequences for professionals. From license suspension to revocation, monetary fines, and other sanctions, the impact on your career could be devastating. If you are unable to practice as you were before the board’s involvement, you could face financial and professional ruin.
Although these boards are endowed with considerable power, their decisions are not necessarily absolute. In some cases, professionals have the right to challenge the outcome of a board’s disciplinary proceedings. If you received an adverse decision from your licensing board and wish to appeal it, connect with the licensure defense team at Joseph, Hollander & Craft.
Grounds for Appealing a Licensing Decision
Disagreeing with the decision of a licensing board is generally not enough to get it undone on appeal. The professional who has been disciplined must have adequate grounds for contesting the board’s action. If any of the following apply to your case, you may be able to challenge the decision:
- Errors of law or procedure: Licensing boards must correctly apply the relevant laws to the facts of your case. In addition, there are certain protocols it must follow to protect your rights, such as affording you a reasonable opportunity to respond to the allegations. If the board misapplied the law or failed to adhere to required procedures, you may appeal its decision.
- Insufficient evidence to support the decision: Licensing boards cannot take disciplinary actions without having a factual basis to do so. If the board acted without valid evidence, you could ask a court to overturn its decision. This question is considered in light of the evidence that the professional presents, making the record on appeal a vital component.
- Violations of due process or bias in proceedings: Professionals are entitled to due process, which ensures they have every chance to fully and fairly participate in the proceeding and offer their version of the incident. Each decision of the board should be free of any bias which would result in undue decisions made against the professional.
- Disproportionate disciplinary sanctions: The punishment must fit the facts. Unfortunately, some licensing boards are too harsh in the discipline they impose. If the allegations do not warrant license suspension, for instance, then this would not be an acceptable sanction.
Understanding the Appeals Process in Kansas and Missouri
There is a time limit to appeal a board decision. If you miss this deadline, you will permanently lose your right to appeal. However, you should take action much sooner so you have enough time to prepare and file a comprehensive challenge.
Appeals in Kansas
Most decisions that are made by licensing boards (e.g., the Kansas State Board of Healing Arts) can be appealed to district court under the Kansas Judicial Review Act. Contact a professional licensure attorney who can decide how best to handle the board’s action.
Appeals in Missouri
Depending on the nature of the decision, you may first be required to request a review by the Missouri Administrative Hearing Commission (AHC). After this, or if AHC review is not required, you can appeal to a Missouri circuit court. The court will examine the administrative record, consider your attorney’s arguments, and decide how to dispense with the decision.
What an Professional License Attorney From Joseph, Hollander & Craft Does for You
Having skilled legal representation is essential for protecting your rights and presenting a cogent appeal of the board’s decision. The court will expect you to understand all relevant legal criteria and procedures that govern the review of board disciplinary actions. The board will have its own attorney, so don’t neglect your opportunity to retain counsel.
When you hire Joseph, Hollander & Craft to handle your appeal, we immediately get to work by:
- Reviewing the record and the decision: We examine the documents, statements, testimony, and exhibits entered into the record during the disciplinary hearing. The court will later need to evaluate this evidence to determine if the board’s actions were legally sufficient.
- Identifying legal error: As we review the record, we identify actions that the board took, or decisions it made during its disciplinary proceedings, which amount to legal error. These include the substantive and procedural problems identified above, as well as the fairness of the board’s ultimate decision.
- Filing petitions or notices of appeal with the correct agency or court: We know that timely drafting and filing of your petition is necessary to perfect your appeal and protect your right to judicial review. Our firm will handle the necessary paperwork and ensure it is both filed in the correct court and served on the appropriate parties.
- Preparing appellate briefs and arguing in court: Your appeal may require a legal brief setting forth the arguments in your favor. We will draft the brief in a way that complies with all procedural and substantive requirements. If necessary, we will argue your case in court and respond to the opposing counsel’s arguments.
- Petitioning for license reinstatement or sanctions modification, as needed: There are some situations in which an appeal is not viable. If there is no reasonable path for an appeal, we can assist with alternatives like reinstating your license or modifying the sanctions.
If You Miss the Appeal Window, Are You Out of Options?
Although you may have missed the chance to appeal the board’s decision, you could have other options. Speak with an attorney right away about these alternatives to an appeal:
- Petitioning for a reconsideration of the board’s decision or modifying the sanctions
- Reapplying for your license after a waiting period and compliance with the board’s terms
- Seeking a conditional reinstatement of your license or entering into a professional assistance or monitoring program
Contact Joseph, Hollander & Craft
If you have received an adverse decision from your licensing board, it’s time to take a look at your options for resolving the matter. Contact Joseph, Hollander & Craft. We represent professionals throughout Kansas and Missouri from offices in Overland Park, Lawrence, Topeka, Wichita, and Kansas City.
