A wide variety of professionals, from Accountants to Veterinarians, must be licensed by the Department of Labor, Licensing, and Regulation (commonly known as “LLR”) to practice in South Carolina. These professions include Doctors, Nurses, Realtors, Contractors, and a wide variety of other professions. If your occupation is among these regulated professions, you are already familiar with LLR licensing and know how complicated it is to follow the ever-evolving laws, regulations, rules, policies, and practice and ethical standards. You are also likely aware that any member of the public can file a complaint against you or your business if they believe you have run afoul of these licensing restrictions. This process is automatically initiated regardless of the merits of the allegations. Even the most seasoned and knowledgeable practitioners can be ill-equipped to handle the complexities of the investigative/disciplinary process. Here is a brief overview of what to expect if a complaint is filed against your professional licence.
An investigator from the Office of Investigations and Enforcement (“OIE”) will notify you by mail once a certified complaint is filed with LLR. This initial letter will generally inform you as to the nature of the complaint. It will not disclose detailed information related to the evidence that may or may not exist against you. At this point, the investigator may ask you to submit a formal response to the allegations and/or schedule an in-person or telephone interview. This is a critical step. These interactions with OIE can determine whether the complaint moves forward or is dismissed.
After OIE has completed its investigation, the case is submitted to the Investigative Review Committee (“IRC”). The IRC is composed of lawyers, investigators, LLR staff, and several private individuals engaged in your profession. The OIE investigator will present their findings and recommend sanctions based on their findings. The IRC will receive additional input from staff and the professional members as to what, if any, sanctions should be imposed. This is a closed proceeding and not adversarial in nature. In other words, you cannot present your side of the story to the IRC. Importantly, the IRC only has the authority to recommend disciplinary action. It does not necessarily determine the outcome of your case. But the boards rely heavily on these recommendations and often adopt them verbatim. You do, however, always have the option of appearing before the actual board to present your side.
Assuming the IRC finds the allegations against you are sufficiently proved, your case will move to the Office of Disciplinary Counsel (“ODC”). This office is comprised of lawyers that work on behalf of the individual licensing boards at LLR. These attorneys
are responsible for prosecuting your case. The ODC attorney will contact you and present a number of options, ranging from admitting the allegations and accepting the IRC’s predetermined penalties to requesting a full trial on the merits. There are,
however, a wide range of additional options available to you. A professional license defense lawyer can advise you on these options and develop a strategic approach that ensures you are able to continue working.
A professional license defense lawyer can help guide you through these proceedings. A professional licensing defense lawyer can help you tell your side of the story and explain that your conduct was appropriate, or help you provide mitigating information when you should have done better. You need a professional license defense attorney you can trust to guide you through this process or an LLR complaint. You need a lawyer who is experienced with professional licensing defense proceedings. Saluda Law handles LLR complaint cases. Call Saluda Law today for help with your professional license defense case.
