Earning a professional license in Maryland takes a lot of time, effort, and commitment. Marylanders take great pride in their licenses, as they should, and rely on them to provide for their families. Professionals of all fields – including doctors, registered nurses, commercial drivers (CDL), attorneys, electricians, clinical social workers (L.C.S.W.), insurance brokers, and contractors – depend on the good standing of their license day in and day out.
Despite the various fields, all licenses have one thing in common – the holder of the license (or “licensee”) is responsible to uphold professional standards and requirements established by their governing body or regulator. These regulators require adherence to professional standards to keep a license. For example, lawyers are subject to supervision by the Maryland Attorney Grievance Commission (“AGC”), insurance brokers report to the Maryland Insurance Administration (“MIA”), doctors report to the Maryland Board of Physicians, commercial drivers report to the Motor Vehicle Administration (“MVA”), and contractors in Maryland report to the Maryland Home Improvement Commission (“MHIC”).
Most licensed professionals will never have to deal with a complaint related to their license. However, if a licensee ever does receive a complaint they will likely have to deal with their governing body and its investigators. Once a complaint is generated against a licensee, that professional will quickly become acquainted with their board, commission, administration, or regulator.
If a licensee is the subject of a complaint with their regulator they can face an investigation. Complaints can come from a variety of sources, including:
- peers (for example attorneys are required to self-report members of the Bar who fail to satisfy Maryland’s Rules of Professional Responsibility),
- a member of the community (such as a patient, client, or customer), or
- from the regulator itself if a licensee fails to satisfy certain reporting requirements.
If, following an investigation, a licensee is found to have violated their professional standards they can be on the receiving end of a variety of punishments. Penalties can range from monetary fines, to suspensions, and even permanent loss of a license through revocation. In certain cases, violations can even lead to criminal prosecution and potential incarceration.
All too often, licensees wait to contact an attorney after an investigation begins. Many licensees come to an attorney’s office after already making damaging and self-incriminating statements to investigators. Many of these licensees do not understand what’s at stake when they make these preliminary statements. It’s important for license holders to remember that the right to counsel is not limited exclusively to criminal matters. When your professional license and livelihood are at risk, take the time to exercise your right to call an attorney.
A licensee is generally permitted to retain and be represented by Counsel at all stages of an investigation. A lawyer can navigate the unique professional standards and rules that apply to different licenses, and how to best respond to various regulators. Experienced attorneys can often negotiate with regulators to allow a licensee time to “cure” certain types of violations. If found in violation, a licensee will often request an informal review. Further, a licensee may request a formal hearing challenging a finding against them, generally in an adversarial, evidentiary hearing.
If contacted by an investigator from your governing body, take a deep breath, contact your attorney before making any statements, either in writing or on the telephone. Send your lawyer the documents you’ve received or tell them about the phone call or voicemail from a regulator. Remember, investigators can use your statements against you.
The attorneys at McNamee Hosea are experienced in the field of license defense. If your license is in jeopardy, please contact an experienced attorney to determine the best steps forward.
