If you hold a professional license in Idaho—as a nurse, teacher, real estate agent, contractor, lawyer, or any other licensed professional—you know that practicing your career depends on staying in good standing with your state licensing board. But what happens if you're accused of misconduct, arrested, charged, or convicted of a crime?
In those situations, you may be called before your licensing board for a disciplinary review. This process can determine whether you keep your license and your ability to earn a living practicing your profession or whether it will be suspended, restricted, or revoked.
If you find yourself in a situation where your professional license may be in jeopardy, your best option is to hire an attorney experienced in handling administrative board hearings and appeals. Sullivan Law Office, PLLC, in Coeur d'Alene, Idaho, is a criminal defense firm that handles administrative hearings. Representing our professional clients, we can help them craft legal defenses that protect them from both criminal liability and administrative penalties.
Here's what you can expect from a disciplinary review and why having an attorney on your side is critical.
Why Disciplinary Reviews Happen
Administrative agencies and licensing boards have been created to establish and uphold standards of character and conduct for all those who practice professions that require a degree of public trust with sensitive information or mental, physical, or financial well-being. Their rules are designed to protect the public and ensure those practicing certain professions maintain professional standards.
Most of the time, these agencies set standards for ethical conduct and professional education and training. While many of their responsibilities are administrative, they can also initiate disciplinary reviews of license holders, which operate somewhat like trials. These reviews may be based on:
- A criminal charge or conviction
- A complaint from a client, patient, or member of the public
- A workplace report from an employer
- Findings during an audit or investigation
Importantly, a license holder does not always need to be convicted of a crime for a disciplinary review to commence or for disciplinary action to be imposed. In some professions, even an arrest or an allegation of misconduct can trigger the process, and the burden of proof in an administrative hearing is not the same as in a criminal trial.
How Do Licensing Boards Find Out About Arrests or Convictions?
Licensing decisions are not made in criminal cases or courts, and the state criminal justice system is not required to coordinate with or notify these boards when a person is being charged or has been convicted. So how do these boards know when to initiate a license review? There are several ways:
- Self-reporting: Many licenses require you to report arrests or convictions within a specific timeframe (often within 30 days).
- Background checks: Some boards perform periodic checks, or you may be flagged during license renewal.
- Public records: Courts and law enforcement agencies maintain accessible records that boards may freely monitor. In some cases, attention may be brought to boards through unofficial channels, such as newspaper articles or other publicity or public notices.
Licensees are generally obligated to notify licensing boards of pending issues, and self-reporting is the wisest route. Failing to report a relevant matter may result in harsher penalties than if the licensee self-reports.
What Happens During a Disciplinary Review?
Although they are legal proceedings, disciplinary board hearings are different from trials. The process can vary depending on the particular licensing board. However, typically, a board proceeding will entail:
- Notice of Investigation or Complaint: You will receive written notice of the allegations and possible violations of professional standards.
- Investigation: The board will investigate the facts of the case and may require a licensee to submit specific records and information; the board can also interview witnesses and review court records.
- Hearing or Review Panel: A licensee is often required to appear and explain the circumstances of the criminal case. The licensee may work with an attorney for the board hearing, which has less formal procedures than a trial court.
- Outcome: Following the hearing, the board will issue its decision. Possible results of a board hearing include:
- No action
- Warning or reprimand
- Probation and/or monitoring
- Mandatory counseling, treatment, or continuing education
- Temporary suspension or permanent revocation of license
A licensee usually has the opportunity to appeal a board decision to a higher authority within the board, and ultimately to challenge a board decision in a civil court.
What Licensing Boards Can and Cannot Do
Licensing boards have broad authority but are not unlimited in what they can do.
They can:
- Investigate whether your conduct reflects on your fitness to practice your profession.
- Review criminal charges and convictions, especially those involving fraud, dishonesty, violence, substance abuse, or moral turpitude.
- Evaluate whether your behavior puts clients, patients, or the public at risk.
- Impose conditions such as a probationary period, treatment, or monitoring.
They cannot:
- Treat every arrest as proof of guilt; boards must base their decisions on evidence and findings.
- Punish you in ways not allowed by law (for example, they can restrict or revoke a license, but they cannot incarcerate you).
- Ignore your due process rights, such as the right to notice, a fair hearing, and representation.
Why Having an Attorney Matters
Facing a disciplinary review without legal representation is risky. The process is unfamiliar, and you may not be sensitive to what the board deems critical in reaching its decisions. Licensing boards have a great deal of authority within their realm and hold a lot of power over your career.
An experienced attorney can:
- Advise you on whether and how your criminal case may affect your license.
- Represent you at the disciplinary hearing and cross-examine witnesses.
- Ensure the board respects your rights and follows proper procedures.
- Present mitigating evidence, such as treatment, rehabilitation, or a strong work history.
- Negotiate for lesser sanctions that allow you to continue working.
Even if you're convicted of a crime, the right legal approach can mean the difference between permanent license revocation and a path forward to keep your professional career intact.
Sullivan Law Office Can Help
A disciplinary review is more than an administrative process. It's often a turning point in your career and life. Understanding the process and having skilled representation can protect not only your license but also your livelihood and reputation.
If you are facing a disciplinary review in Idaho, contact Sullivan Law Office right away. Our attorneys understand both criminal defense and professional licensing law, and we can help you protect your rights and your future.
The information provided here should not be understood to constitute legal advice for any particular individual or case.
This blog is intended to provide general legal information and should not be regarded as legal advice for any specific individual or situation.