Don't talk without your attorney!
An investigator will contact you. They will say that a complaint has been lodged against your professional license. The investigator will say that you have to cooperate or risk losing your license. They will say that cooperation involves producing documents and submitting to an unrecorded interview.The truth is very different. A licensee does have to cooperate in an investigation of a complaint against them. However, that cooperation is generally limited by statute to responding to written questions and producing documents. You do not have to submit to an in-person interview. That is not a right that the law gives a licensing body. Attorneys at the Rosenberg Law Group, PLLC have found that offering to participate in an interview on condition that it be recorded results in a refusal by the investigator. One may well ask “why.” A tape recording or transcriptionist guarantees an accurate record. It is our experience that the record produced by the investigator without those safeguards lacks accuracy, to the disadvantage of our clients. In good conscience we cannot agree to having our clients exposed to that risk.When a licensee refuses to submit to an oral interview without safeguards the investigator will ominously threaten that they will pass that information on to the Board that will consider whether charges will be filed. In other words, submit to their authority or else. By putting yourself in their hands, you are relying on the licensing body’s sense of justice and fair play. Of course, that is the same body that is requiring you sacrifice your rights. We recommend you contact an attorney experienced in professional licensure defense and not talk to the department.