Administrative Agency and Professional Licensing Litigation
Results achieved in prior matters are not meant to be a guarantee of success as the facts and legal circumstances vary from matter to matter.
The State of New Jersey issues professional licenses across a wide variety of fields. Doctors, pharmacists, nurses, social workers, therapists, real estate sales people and brokers, financial advisors and insurance producers, and many other fields, require a valid license issued by state regulatory authorities.
When trigger events lead licensing boards and regulatory authorities to investigate someone’s status as a licensee, members of the Wilentz, Goldman & Spitzer, P.A. Criminal Team are ready to assist. We have decades of experience representing professional license holders in all aspects of their communication with regulatory authorities. Additionally, one of our shareholders is also registered pharmacist, and is adept at all aspects of regulatory law in the pharmaceutical sector. At times, regulatory authorities investigate industry-wide practices, and may issue subpoenas requiring a production of documents. These documents may result in changes to applicable regulations, or, if the documents indicate that a license holder is violating the terms of existing regulations, may result in disciplinary action, such as license suspension, revocation and fines. Depending on the outcome of a regulatory licensing inquiry, action by regulatory and licensing authorities may become matters of public record and therefore adversely affect a license holder’s status in other states in which an individual is licensed.
Sometimes, regulators and licensing authorities issue administrative charges against the licensee, and those administrative charges may be contested through an adversarial proceeding that is, in some respects, similar to a court case. However, there are significant differences between court cases and litigation before administrative agencies, so it is best for licensed professionals to seek representation by attorneys experienced in the administrative litigation field. Attorneys from the firm’s criminal team have significant experience appearing before various licensing boards and before the Office of Administrative Law.
Motor Vehicle Commission Actions
Licensed drivers in New Jersey may face regulatory action outside of the traditional court system from the Motor Vehicle Commission. When an individual amasses too many moving violations, or has been involved in a serious or fatal accident, or is under a disability that my impact the ability to drive, the Motor Vehicle Commission may take regulatory action against someone’s license, resulting in a suspension or revocation of driving privileges. Our team has significant experience dealing with these types of administrative matters.
All professionally licensed persons charged with a criminal offense must be concerned with both the actual criminal case at hand, as well as the impact that the criminal case might have upon a person’s professional license beyond the case. Because of the long-term risk inherent in every instance, many licensed professionals have turned to the Wilentz Criminal Team for representation not only in their criminal case, but also in the corollary administrative licensing issues that may arise.
To discuss your particular matter, please contact our office.