It’s all public, win or lose

 One of the most common questions that I get when representing individuals or companies in administrative hearings is whether the matter is public. A person who has been charged with violating a rule governing their profession rightly feels that if they are exonerated then there should not be a public record of the event. In reality, if you have been charged, a record of the statement of charges will be put on the administrative agencies website or be otherwise available. Likewise, whatever disposition of the case occurs will also be a matter of public records, placed upon a website.The reason that people responding to charges do not want the results, whatever they be, posted on the internet is that being charged in itself has significant repercussions for years to come. A licensee must report that they have been investigated and charged on future licensing applications. That is true if the respondent changes professions and seeks licensing, or if they go to another state and seek licensing. Even if you are exonerated, you will have to explain yourself for years to come. It is a punishment inflicted upon you even if you have done nothing wrong.Given the significant and lasting effect that a statement of charges can have on a professional, one would think that a department would be careful in issuing them. However, the departments do not appear to care what impact their actions have on others’ lives. Of course, being exonerated is significantly better than the reverse, but don’t look for “justice”’ out of the administrative process. If you do, you will be sorely disappointed.