Calling an article the “Basics of License Law,” is somewhat ironic because license law is anything but simple. In a suit against a licensee, the process can get complicated, and that starts from the get-go. Initially, the Agency will send the licensee a big envelope filled with documents containing heavy legal jargon and an absurd number of forms. The first document the recipient will usually see is called the Statement to Respondent.
This document consists of information outlining the recipient’s ability to request a hearing within 15 days or risk losing that right, ask for discovery of evidence against him, postpone the hearing within 10 days of finding out postponement is needed, and seek attorney representation. The document also encourages the licensee to contact the attorney for the Agency in order to settle the case outside of trial.
Because the reception of the envelope is the initiation of the case, settlement is generally premature. Those who receive this envelope should be encouraged to seek legal aid immediately to avoid the unbalanced fight that occurs when an individual tries to win a legal battle with a team of attorneys for a large corporation. The Statement to Respondent is a seemingly persuasive document in that it asks for settlement negotiations to begin and does not advise the recipient to seek counsel.
This lopsided bargaining power tends to result in the licensee being bullied into a legally unsound decision. Calling an attorney at the outset of a case is the best way to ensure all options are considered moving forward.
If you or someone you know is facing criminal charges, or their professional license is at risk, contact Attorney Miranda McCroskey for an immediate consultation at (833) 865-6253 or email her at info@unlocklegal.com.
