Professional Licensing
Your professional license is one of the most important items in your life. People frequently define themselves by their profession. Most importantly, your professional license is critical to the economic future of yourself and your family.
If a complaint has been sent to a licensing board, an investigation commenced, and/or negative action is being taken against you as the license holder, the entire experience can be emotionally and economically devastating. Whenever there is a complaint filed, an investigation opened by a licensing board, or you were charged with a criminal offense, it is important to immediately consult with an attorney to learn your rights and to protect your license.
An investigation by boards may be generated in several ways:
- Complaints may be sent directly to a licensing board by a client, customer, or patient.
- Complaints may be sent to the New Jersey Division of Consumer Affairs on its Professional and Occupational Boards and Committees website.
- You have been charged with a criminal offense and you may have a duty to immediately notify the board or must disclose the arrest/charge at time of license renewal.
- There has been an audit that triggers a referral to the board or law enforcement.
When receiving notification that a complaint has been received by a board, whether by letter or by way of formal administrative action, it is critical to consult with counsel before submitting to an interview, providing a written response, or producing any records.
Every board has its own procedures for opening and investigating complaints received by the board. There are 51 professional and occupational boards and committees that oversee and regulate more than 750,000 individuals and businesses in New Jersey. The New Jersey Division of Consumer Affairs has website links to each board to allow the filing of complaints for each board against license holders. The complaints filed with the Division are generally of public record.
Every board is unique, and many boards simply issue a letter notifying the license holder of the specific allegations, request written responses to the allegations, request written answers to specific questions, and/or request production of documents. Some boards will immediately commence administrative proceedings. Some boards are more aggressive than others in their approach to license holders.
If you have received a notification of a complaint, the commencement of an investigation, and/or an administrative action by a licensing board, you should immediately take steps to protect your license by seeking the advice of counsel.
The Legal Team at Lyons & Associates, P.C. Can Help You Protect Your Professional License
Eric Marcy, Esq. has represented licensed professionals before a variety of licensing boards. If you have any concerns regarding your professional license, if you believe that a complaint or investigation may commence, or if you are with a notice of formal administrative action, contact Somerville license defense lawyer Eric Marcy, Esq. who is Of Counsel to Lyons & Associates, P.C. You can call 908-581-2388 (cell) or 908-575-9777 (office) or you may email him at [email protected]. Our offices are located in Somerville, Morristown, and Freehold, New Jersey and we proudly serve clients throughout New Jersey, including but not limited to Somerset County, Morris County, Middlesex County, Union County, Essex County, Bergen County, Hunterdon County, Warren County, Sussex County, Passaic County, and Monmouth County.
Professional Licensing Resources:
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Obtaining, Protecting, Saving, Or Reinstating Your Professional License in New Jersey
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Professional Licensing – Information Technology Businesses Beware! The Installation of CCTV and Security Systems Requires a State License
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Psychologists Beware: Insurance Carrier’s “Auditing” Of Psychologist Patient Files – What You Need to Know About Regulations, Confidentiality, and Risk Management
By Eric Marcy, Esq. Health Insurance Carriers (hereafter “Carriers”) are becoming ever present in scrutinizing the provision of psychological services. Psychologists must be very careful in submitting claims when seeking payment …
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The Psychologist’s Legal Obligations in Record Compliance and Understanding Proper Risk Management
By Eric Marcy, Esq. Due to the nature of the practice a Psychologist’s obligations relating to the maintenance of proper records is unique. A professional license takes years to acquire …
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What Are a Social Worker’s Obligations Under the New Jersey Administrative Code When an Insurance Company Demands to Conduct an Audit of Patient Records?
By Eric Marcy, Esq. Under New Jersey Law Health Care Insurance, Carriers (“Carrier(s)”) have specific, defined, and limited authority to have access to a licensed Social Worker’s records involving services …