What is a summary suspension and what can I do if I receive one?

 A summary suspension is an action in administrative law in which a judge suspends a license upon the receipt of allegations and prior to a full hearing on the matter. In general, the summary suspension is based on a finding that the suspension is necessary, given the allegations, to protect safety or public health. The summary suspension is a temporary, emergency ruling pending a full hearing on the allegations.For example, in Washington State WAC 170-03-0300(1)(a), permits summary suspension of a child care license by the Department where “conditions in the licensed facility constitute an imminent danger to a child or children in care.” Similarly, WAC 132X-60-140(1) permits summary suspension of a student if there is “reason to believe the student’s presence presents an immediate danger to the public health, safety or welfare requiring immediate action.” And the state liquor and cannabis board may summarily suspend a license “without a prior hearing if it finds that public health, safety, or welfare imperatively require emergency action.” RCW 69.50.334(6).A summary suspension can also be based on a suspension entered against you in another state. If you are a health care professional and have a license in more than one state and have been found by a Department in the other state to have committed unprofessional conduct, Washington State will “take emergency action” and order a summary suspension of your Washington State license based merely on the finding of unprofessional conduct by the other state. RCW 18.130.050(8)(a). “The summary suspension remains in effect until proceedings by the Washington disciplining authority have been completed.” Id.If you receive a summary suspension, you did not have an opportunity to be heard beforehand. However, you do still have at least two opportunities for a hearing in your case, plus any appeals. The first opportunity is to immediately challenge the summary suspension itself and to get it lifted or stayed. The second opportunity will be when you have a full hearing on the underlying allegations. If you challenge the summary suspension and are not successful, you will still have an opportunity for a full hearing and to respond to the Department’s allegations. The law recognizes the hardship caused to you by a summary suspension and generally requires that the full hearing be expedited or occur within a reasonable time.Unfortunately, it can be difficult to prevail when challenging the initial summary suspension. Once there has been a finding by a judge that a summary suspension is necessary as an emergency measure to protect the public, judges are often reluctant to disturb that ruling. This reluctance is also written into the law in some instances. Focusing on child care licenses as an example, the law puts the burden on you to overturn the summary suspension and “establish that the stay is in the public interest and is made for good cause.” WAC 170-03-0300(3). The judge can only stay (overturn) your summary suspension if he or she finds that you are likely to prevail on the merits eventually in the full hearing on the underlying allegations, that you will suffer irreparable (and not merely economic) injury if the summary suspension remains in effect, and that the threat to public health or safety posed by your continued operation is not sufficient to justify the emergency closure. WAC 170-03-0300(8).If you receive a summary suspension you likely feel like you have been presumed guilty, “convicted” based merely on someone else’s allegations and with no opportunity to defend yourself. However, opportunities remain. You should immediately consult an attorney regarding your rights and how to best protect them.