TEXAS DEPARTMENT OF LICENSING & REGULATION
CASES & TESTIMONIALS
Used Automotive Parts Recycler v. TDLR
Client pled guilty to indecent exposure. TDLR proposed revocation of client’s license. FosterLaw attorneys negotiated with TDLR staff for complete dismissal of case without need for a hearing before an Administrative Law Judge.
Hair Salon and Cosmetologists v. TDLR
Salon and five of its licensed cosmetologist/aesthetician employees were fined for holding licensure that was inadequate for the scope of the salon’s offered services. FosterLaw attorneys negotiated with TDLR staff to remove all admissions of violation and lower penalty by more than 86%.
Cosmetologist v. TDLR
Client received Notice of Alleged Violation for fraudulent statements on application for Cosmetology License. Client was also concerned about another license in a different industry. Foster Law attorneys presented the matter to the prosecuting attorney, who dismissed the matter altogether and withdrew the allegations.
Property Tax Professional v. TDLR
Client’s Property Tax Professional License was threatened following an alleged violation of conflict of interest rules. FosterLaw attorneys put together an impeccable rebuttal packet, and we were able to have the allegation of violation withdrawn and penalty fines significantly reduced.
Building Owner v. TDLR
Client allegedly filed elevator inspection reports late, and missed an elevator inspection deadline by one month. TDLR originally suggested an administrative penalty client found unreasonable. Through amicable and productive settlement discussions, FosterLaw obtained a settlement that dropped two of the three alleged violations and cut the administrative penalty by 75%.
Tow Truck Operator v. TDLR
Client, a tow truck operator, was alleged to have violated a minor tow-truck operating rule and to have lied to a police officer. FosterLaw attorneys quickly averted the need for a hearing by negotiating a settlement for less than 25% of the full penalty sought by TDLR.
Last session’s Senate Bill 1267 amended the Administrative Procedure Act, which governs the procedures associated with administrative hearings, such as those in front of Texas licensing boards. One of the new rules requires that a notice of hearing against a licensee must now include a statement of alleged facts. In the past, some of our clients would face a list of rules they had allegedly violated, but without any explanation as to how these rules were violated, and FosterLaw would have to fight to receive proper notice for our clients. This amendment will increase fairness in agency hearings by prevent licensing boards from withholding this crucial information.
Pending Bills At The Texas Legislature Affect Occupations Code
FosterLaw closely follows proposed legislation that will affect professional licensees. Of particular note is HB 3981 which would allow the license holder to elect to have an administrative law judge from State Office of Administrative Hearings (SOAH) be the final decision maker rather than board members; SB 1082 which would create an informal hearing process that a licensee could elect before a license suspension or revocation; and HCR 97 which would create a joint interim committee to study licensing and issues for reform.