The Art of Licensure

As a lawyer, I can help you navigate the licensing process for your career. If you have a past criminal conviction or other issues, it can make getting a license more difficult. I can advise you on how to present your case in the best light and help you respond if you receive a denial notice. I have seen many attorneys who are not experienced with this kind of process, but I have the skills to help you through it. When applying for a license, there are three stages: filling out the application correctly, the agency reviewing your application, and the agency making a decision. Most licenses are processed in Tallahassee, Florida, and knowing the laws and regulations there is important. It’s important to respond quickly and accurately to the agency to avoid delays in getting your license. Chapter 120 of the Florida Statutes sets out the rules for getting a license. Each agency has their own specific rules for getting a license, which can be found in the Florida Administrative Code. If you’re helping someone apply for a license, it’s important to know the time frames for processing the application and the specific rules for the type of license they want. Some questions on the application may need a lawyer’s help to answer, and giving the wrong advice could mean the person doesn’t get their license. Sometimes, lawyers have to testify in cases where someone’s license has been denied because of bad advice. When you apply for something with a government agency, they have 30 days to check if your application is complete. If it’s not, they need to send you a letter within that time asking for the missing information. If they don’t, they might have to give you what you applied for. If they do send a letter, you need to respond quickly and provide the missing stuff. They can’t ask for new things later. Be polite and understanding when you talk to the agency. You can challenge their decision later if it seems wrong. After giving the agency all the information they need, it’s important for the lawyer to make follow-up calls to check on the status of the application and see if there are any potential problems. This is important because if the agency is leaning towards denying the license, there may still be chances to change their mind before they make a final decision. If a client is at risk of being denied a professional license, their lawyer should ask if there’s anything else needed to make a decision. Vague or unclear answers, or refusal to talk to the lawyer, are red flags. If the lawyer is directed to the examiner’s supervisor, it’s a problem. In these situations, the lawyer can request a meeting with the division director to try to improve the client’s chances. The client should dress conservatively and be honest during the meeting. If the lawyer and client are convincing, they may get an idea of whether the division will consider granting the license. Vague answers suggest they won’t. When lawyers are trying to settle a case for someone who wants a professional license, they should come up with creative solutions that meet both the needs of the agency and the client. They can suggest changes to the standard settlement forms to better fit the situation. For example, if the client had trouble with bookkeeping in the past, the lawyer might suggest a provision for someone to check their records regularly. The lawyer should also think about suggesting a requirement for the client to have a supervisor approved by the agency. They can also suggest time limits for these special rules, unless there are more disciplinary issues. In short, the lawyer should take the lead in coming up with terms for the settlement that work for both sides. If the lawyer leaves a meeting with no guarantees, they have two options. First, they can withdraw the application to prevent any new disciplinary issues from coming up on the client’s record. Second, they can choose to fight the denial and go to a hearing. It depends on the client’s past disciplinary history, credibility, and the strength of the agency’s case.

One common mistake is that the lawyer may not know the agency’s past decisions in similar cases. The agency keeps a record of these decisions, and the lawyer can use them to understand how the agency typically handles these cases and plan their strategy accordingly. If needed, the agency can help the lawyer find this information. The client has received a notice from the agency saying they might deny their license. It’s important to read it carefully and understand their rights. The client needs to decide if they want a formal or informal hearing to challenge the denial. It’s important to file a petition for a hearing quickly and make sure the agency doesn’t delay the process. If they do, a simple letter can help move things along. When someone’s professional license is denied, their lawyer should request the agency’s licensing files right away. They also need to conduct a thorough investigation and gather evidence to support their case. The burden of proof is on the person seeking the license, so their lawyer needs to work hard to show why they deserve it. With careful legal work and creative solutions, even seemingly impossible cases can end in success for the client. It’s important for the lawyer to be alert for opportunities to suggest alternatives to a denial, which could make a big difference in the outcome for the client. This text provides legal advice and information about applying for licenses and dealing with denials from government agencies in Florida. It also discusses the process of requesting a hearing and possible outcomes. The author, H. Richard Bisbee, has experience in this area of law. He is currently practicing administrative law in Tallahassee. The opinions in this article are only the author’s and not those of the Comptroller’s office or any other agency. This article is from the General Practice, Solo and Small Firm Section, with L. Michael Roffino as chair and David A. Donet as editor.

The article is about promoting duty and service to the public, improving justice administration, and advancing legal knowledge.

Source: https://www.floridabar.org/the-florida-bar-journal/the-art-of-licensure/