Kansas Professional License Defense
When your license, livelihood, and reputation are on the line, you need professional licensing defense attorneys who are experienced and skilled in defending licensing cases before regulatory boards and agencies. It is crucial that your lawyer understands professional licensing laws, administrative proceedings, and the unique rules and policies adopted by the regulatory boards. With extensive experience litigating before numerous state agencies that regulate professional disciplines, Joseph, Hollander & Craft’s professional licensing attorneys know how to help licensed individuals and entities avoid or mitigate the potentially devastating effects of professional discipline.
Representation by experienced professional licensing attorneys is important whether your situation involves the denial of a license, an investigation into a complaint, referral to an impaired provider program, or formal disciplinary action that could lead to the suspension or revocation of your professional license. Our attorneys have successfully defended professionals facing a wide range of allegations, including unethical behavior, misconduct, substance abuse, other impairments, and deviations from the standard of care.
With offices in Wichita, Topeka, Lawrence, and Overland Park, we represent professionals all over Kansas. And the close proximity of our Topeka office to most agencies’ main offices allows our lawyers to maintain relationships with agency staff and keep apprised of the current issues in a timely manner.
Our Team Of Kansas Professional License Defense Attorneys in Wichita, Lawrence, Overland Park, Topeka & Kansas City
When determining whether to issue a professional license, regulatory bodies often consider much more than academic requirements. A number of factors, including failure to disclose information in an initial licensing application or renewal form, can lead to denial of your license or even professional discipline. It is important to understand the reporting requirements established by your regulatory board and the options available if your application is denied. If your application is denied for any reason, you will want to have counsel to assist in the appeal process.
As soon as you realize you are the subject of an investigation, you need an attorney. An attorney who is knowledgeable about the investigation process can help to ensure the investigation is conducted in a fair and thorough manner. Legal representation at the investigation stage can make the difference between dismissal of the allegations as unsubstantiated and the initiation of formal disciplinary action. Often, it is in your interest to be a cooperative and active participant in the investigation. A skilled professional licensing attorney can advise you regarding when and how your cooperation can help your case.
Our lawyers are mindful of the importance of finding successful resolutions in the most cost-effective and efficient manner possible. Sometimes this means agreeing to settlement terms in order to resolve the matter quickly and with a guaranteed outcome. When negotiating an agreed resolution, our attorneys are mindful of the consequences professional discipline can have down the road. We candidly advise our clients of the costs and benefits applicable to all options and strive for the best outcome under the circumstances.
Once its investigation is complete, the regulatory body may initiate disciplinary action against your license. The grounds for disciplinary action may be misconduct, technical non-compliance, or deviations from the standard of care. The types of disciplinary action the agency may seek could include remedial training, public censure, suspension, or even revocation of the license. Disciplinary proceedings are the forum in which the regulatory body submits its documentary evidence, witness testimony, and counsel arguments before a hearing officer or panel of officers. Licensed professionals will want a lawyer to assist in navigating through the legal process. The regulatory body will only be concerned about its case, not protecting your interests or seeing the issues from your perspective. Our professional licensing attorneys will ensure that the regulatory body’s evidence is appropriately challenged and allow you to put forth your strongest defense.
Appealing Unfavorable Decisions in Disciplinary Actions and Denials of Professional Licenses
An agency’s disciplinary decision against a licensed professional may be subject to judicial review by the courts. Sometimes the agency’s suspension or revocation of a license can be stayed pending the outcome of the judicial review. It is important to have a knowledgeable professional licensing attorney to assist in the appellate process and assess whether a stay is available in your particular case.
When appealing an administrative decision in the district court, the parties submit written briefs detailing the factual findings and the applicable law. Generally, the court will hear oral arguments on the legal issues. After considering the record, the parties’ written submissions, and in-court arguments, the district court will render a written decision. The district court may remand the case to the agency for further proceedings, or it may issue an opinion with regard to the legal issues raised by the parties. The district court’s decision is appealable to the Kansas Court of Appeals, and that decision may be appealed to the Kansas Supreme Court.