You worked hard to earn your professional license. A professional license can be the culmination of a lifelong passion for your vocation — your primary source of income. Losing your license could be a devastating blow.
The disciplinary process uses terms like “allegation” and “accusation” in specific ways that differ from their ordinary meanings. Understanding these words and the stages they represent in the disciplinary process is a critical step to asserting your professional license defense.
Allegations Against You
When someone is unhappy with your conduct, they can file a complaint against you with your licensing board.
This complaint can come from a former or current client. Colleagues can also file complaints against you.
The board can also act on its own complaint. For example, the board can act if you get arrested without anyone filing a complaint against you.
Finally, you can self-report to your licensing board. Thus, you might choose to report yourself for drug or alcohol use before going to inpatient treatment to show the board that you have nothing to hide.
The complaint will contain allegations about your conduct. These allegations could take many forms depending on the sophistication of the complainant. The complaint may make bare factual assertions about conduct the complainant did not like. For example, a client might simply state that you charged for services you never provided.
Other complaints might include factual support for the allegations. A complainant might include printouts of emails or text messages with you. The complaint might also include photos or other documents.
Finally, a complaint written by a colleague or an attorney might tie the allegations to specific disciplinary rules.
This type of complaint might read more like a legal document with allegations stating your alleged actions and stating which rules those actions violated.
In short, allegations are simply assertions of misconduct. They can form the basis of disciplinary action, but your licensing board may also dismiss them and elect not to initiate disciplinary proceedings.
The Accusation
“Accusation” is a formal term used by licensing boards in California, including the boards that regulate nurses, engineers, and other licensed professionals. An accusation is a legal document outlining the grounds for initiating a license action against you. You must raise a professional license defense, or you risk a default decision that accepts the allegations as proven and imposes sanctions.
Not all complaints turn into an accusation. Before issuing an accusation, your licensing board will investigate the allegations against you. The board might interview the complainant and review their evidence. It might also contact you to get your side of the story and request documents.
It may be worthwhile for you to contact a lawyer specializing in professional licensing defense to assist you with the investigation. Your lawyer can help you avoid making any inadvertent admissions or causing any misunderstandings with the board. In an ideal situation, your attorney can help you satisfy investigators and prevent the board from issuing the accusation.
The investigation could result in any of the following outcomes:
- The board finds grounds to issue a formal accusation against your license
- The board confirms the allegations but finds that they do not violate any rules
- The board cannot confirm the allegations and declines to issue an accusation
Another possible outcome occurs when the board’s investigators uncover additional grounds for a formal accusation. Thus, you may face disciplinary proceedings on both the grounds contained in the complainant’s allegations and new grounds found by the board.
The primary purpose of accusations is to notify you of the disciplinary action against you. Boards may also post the accusation online where the public, including your clients and colleagues, can see it.
The accusation describes the facts alleged and the rules that your actions or omissions may have violated. If you did not hire a professional license defense attorney during the investigation, you should seriously consider hiring one when you receive the accusation.
What are the Differences Between Allegations and Accusations in Professional Licensing?
Allegations are simply assertions. You do not need to respond to allegations unless you choose to do so as part of your professional license defense. Allegations do not mean that the licensing board has started a disciplinary proceeding. Allegations may or may not lead to discipline.
However, allegations start the discipline process. Whether they have been made by a client, a colleague, or the licensing board, they will be investigated. This investigation will determine whether the allegations, if proven true, establish that you violated your profession’s rules.
Anyone can make allegations for any reason. They might not be true. Even if they are true, they might not represent a rule violation.
By contrast, an accusation starts the formal disciplinary process. You must respond to the accusation or you will automatically face sanctions, including license restrictions, suspension, or revocation.
The accusation will explain the grounds for the disciplinary action and give you the deadline for filing your notice of defense. You and your attorney will work together to assemble evidence and prepare arguments to fight for a positive outcome, including a dismissal, a stipulated agreement, or a decision in your favor.
How a License Defense Lawyer Can Help Professionals Protect Themselves Against Complaints
You may feel that a situation is about to turn into a complaint. Maybe you have an unhappy client or a colleague who has accused you of improper conduct. Contacting a lawyer at this early stage might help you smooth things over with the disgruntled person and avoid a complaint.
If you are past this stage or the potential complainant has already decided to proceed with allegations against you, consider consulting a lawyer before receiving the accusation. The lawyer can advise and represent you during the investigation to try to stop the case from going any further. The lawyer’s early involvement also gives you more time to prepare your defense if the board issues an accusation.
Once the accusation is issued, you and your lawyer will devise a license defense strategy. This defense may include disputing the factual allegations and challenging whether they prove a rule violation.
Contact Unlock Legal to Discuss the Accusation Filed Against Your Professional License
If you are a licensed professional facing a formal accusation or are worried about allegations of misconduct, we can help. Our license defense attorneys understand the hard work that goes into maintaining professional licenses, the risks involved if there is a complaint and the importance of a strong legal defense. Contact us to discuss your situation and learn how our law firm can defend your future.
