Is my administrative law case a criminal case?

We frequently meet with prospective clients who are unsure whether their Department of Health (DOH), Department of Licensing (DOL), or Department of Social and Human Services (DSHS) case is criminal or civil. The short answer is that it is civil. If you receive a letter in the mail from one of these state administrative agencies indicating that a legal action or investigation has been initiated against you, the administrative matter is very likely purely civil in nature and not criminal. Criminal cases are generally filed in municipal court, district court, superior court or federal court, not through administrative state regulatory bodies.However, the allegations in administrative licensing cases can and often do overlap significantly with potential criminal liability. For example, if sexual abuse or sexual misconduct is alleged, the allegations may overlap with the elements of related criminal statutes. If diversion of narcotics is alleged, there could be potential related theft charges. Certain allegations of abuse or neglect may also arise to the level of criminal liability. Similarly, unlicensed practice is classified in Washington State as a gross misdemeanor for the first offense.Of course, the standard of proof in criminal cases is much higher than in administrative licensing cases. For most licensing cases, the burden of proof on the state is merely preponderance of the evidence, meaning an administrative law judge has to find that the alleged conduct occurred more likely than not. In a criminal case, the state has the burden of proving to a jury that the alleged conduct occurred beyond a reasonable doubt.If you are concerned that your DOH, DOL, or DSHS case may also involve potential criminal liability, you should contact an attorney for advice. An attorney can advise you whether there is any potential criminal liability related to the allegations in your case and, if so, how to proceed. For example, potential criminal liability could impact whether you decide to meet with the investigator, whether you want to settle your case, or whether you want to proceed to hearing.