How to win an administrative proceeding

Regulatory agencies conduct investigations of licensees. If they believe that evidence warrants it, the department will issue a statement of charges that outline the allegations and propose a punishment. Often the facts alleged appear insufficient to sustain the charges. Nevertheless, the agency will propose draconian punishments based on little or no evidence to support it.A licensee faced with a statement of charges has to opt for an administrative hearing or they will default and have the proposed punishment imposed. Accordingly, the respondent must request a hearing in order to obtain a more reasonable outcome. As agencies will routinely settle cases on substantially better terms that what is outlined in the statement of charges, the question is begged why they initially demand such draconian measures to begin with.The respondent must challenge the case of the department. Time and time again, the strategy of making the department work and prolonging the hearing process has led to more favorable settlements. At the end of the day, challenging the case of the department is the single most effective way to obtain a favorable outcome. That can be labor intensive, but the money spent is a tiny fraction of what will be lost if a respondent’s ability to earn a living is impaired as a result of restrictions imposed by the department.