Las Vegas Professional License Defense Lawyer
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Professional License Defense In Las Vegas
After years of work in your profession and building the necessary credentials, it’s safe to say your work is important to you and those who benefit from it. You’ve spent an immense amount of time, money, and energy becoming a licensed professional in your field. But all of that can change in an instant when you face a licensure problem with a regulatory Nevada agency. Licensing boards for different industries have the authority to impose disciplinary action against its licensees, which ranges in severity depending on the facts of the case.
The good news is, a professional license defense attorney works on your behalf to defend a licensee when you and your license are threatened with suspension, probation, or full revocation due to claims of misconduct. For example, an individual with a criminal background may experience issues obtaining or renewing their license. Luckily, a Las Vegas professional license defense lawyer can help you defend your license against allegations of misconduct and also assist with problems related to license renewal and obtaining a license.
The Rights Of Licensed Professionals
In Nevada, as in almost every other state, a person seeking to practice a profession must first obtain and then retain a license from the state. Dent v. West Virginia, 129 U.S. 114, 122 (1889) (“The power of the State to provide for the general welfare of its people authorizes it to prescribe all such regulations, as in its judgment, will secure or tend to secure them against the consequences of ignorance and incapacity as well as of deception and fraud.”). State and federal courts have consistently upheld the licensing and regulation of professionals under the state’s police power. In Goldfarb v. Virginia State Bar, the U.S. Supreme Court emphasized that “[s]tates have a compelling interest in the practice of professions within their boundaries, and that as part of their power to protect the public health, safety, and other valid interests they have broad power to establish standards for licensing practitioners and regulating the practice of professions.” 421 U.S. 773, 792 (1975). Licensing and regulation assist the state in protecting the public from the negligence, incompetence, and willful misconduct of a professional. Hence, no person has a fundamental right to practice a profession that is not subordinate to the police power of the state to license and regulate the persons who practice it.
The United States Supreme Court has recognized that the right to follow a chosen profession, free from unreasonable governmental interference, is within the liberty concepts of due process of law. U.S. v. Robel, 389 U.S. 258, 265 n.11 (1967). See also Greene v. McElroy, 360 U.S. 474, 492 (1959) (holding that revocation of security clearance denied traditional due process rights These holdings rest on the severity of the consequences that typically result when a professional’s license is suspended or revoked.
In Waller v. State, the court of civil appeals aptly described these consequences as follows:
The right to practice a profession has been called a property right, but it is more. To obtain a license and proficiency requires the expenditure of money and years of preparation, attended by toil and self-denial. Such right is the capital stock of its possessor from which dividends are expected sufficient to protect him from the infirmity of old age, and to provide his family with the comforts of life. There is moreover a prestige and good name and should be a pride attached to the practice of an honorable profession superior to any material possessions. To cancel a professional license is to take the entire capital stock of its possessor and to leave him in most instances the equivalent of bankruptcy. But it does much more than this; it takes from him his professional standing and in a manner whatever good name he has, which leaves him “poor indeed.” Louisville & Nashville R.R. Co. v. Tomlinson, 68 S.W.2d 601, 605 (Tex. Civ. App.-Amarillo 1934, writ ref’d).
Representing Nevada Professionals Across All Industries
Common Reasons For Professional Misconduct
Why You Need A Las Vegas Medical License Defense Attorney
Potential Outcomes In Professional License Defense Cases
The severity of professional license dispute outcomes is dependent on many variables such as the types of professional license you have, the wrongdoing you are accused of, and the defense you have to dispute the claims made against you. In most professional license disputes, there are a number of outcomes that are most likely to occur.
- License Revocation
- License Suspension
- License Stayed Suspension
- License Probation
- License Application Rejected
- License Application Accepted
- License Kept
Going into a professional license dispute unprepared can be devastating to both your professional and personal lives. The potential consequences for license allegations can sink your career if not handled correctly. Although many suspensions are eventually lifted, and some revoked licenses can be reinstated, the stain on your credibility and reputation afterwards can negatively alter the way you conduct your business. Having a Las Vegas professional license lawyer who specializes in administrative law is a significant advantage and will put you in the best position possible for a positive outcome in your case.
Professional License Defense For Criminal Charges
Professional License Defense For DUI Charges
Frequently Asked Questions
WHAT DO I DO IF I HAVE RECEIVED A LETTER NOTIFYING ME I AM UNDER INVESTIGATION?
The best thing to do after learning you are under investigation is to seek legal assistance as quickly as possible. A Las Vegas professional licensing attorney experienced in administrative licensing matters can help ensure that your response to these allegations addresses all necessary issues involved. Your first reaction may be to respond on your own, but a response that overlooks or misses key defense information can be detrimental.