July 17, 2017 by LLR Investigation Defense Attorney
What To Expect if An LLR Complaint is Filed Against Your Professional License
The South Carolina Department of Labor Licensing and Regulation (LLR) regulates over 40 professions in the State of South Carolina. If a complaint has been alleged against your practice it will be investigated. If you have been contacted by an LLR investigator, we strongly recommend that you consult our professional licensing defense team to learn more about the LLR investigative process, and how to protect your livelihood during an LLR investigation before responding to the assigned investigator.
LLR Investigations: The LLR Investigative Process
LLR investigations are initiated a number of different ways including self-report, a claim by an employer or competitor, even a disgrunted former employee. LLR investigations may be initiated by submitting a complaint on the SCLLR website, hand delivering a complaint to LLR, or mailing the complaint to LLR.
The LLR complaint will be processed by a complaint analyst who review the allegations and determine whether (assuming the contentions to be true) the contentions violate of the relevant practice act.
Although the facts presented in the initial LLR complaint may appear to violate the relevant practice act, the initial facts presented will not provide a complete picture of what occurred. Our LLR investigation defense attorneys will aggressively advocate on your behalf to protect your right to continued practice. Our team has decades of experience defending licensed professionals in the State of South Carolina.
Contacted by an LLR Investigator? Our Professional Licensing Attorneys Will Help You Respond
If the allegations sufficiently set forth a violation of the practice act, the LLR complaint will be assigned to an LLR investigator in the Office of Investigations and Enforcement. The LLR investigator’s role is to determine the facts.
The LLR investigator can interview witnesses and request documents. You can expect that the assigned SC LLR investigator will contact you to schedule an interview. You may also be asked to respond with a written statement telling your side of the story.
You have the right to retain a SC professional licensing defense attorney to advocate on your behalf and protect your right to continued practice. Your LLR attorney will work with your assigned investigator.
It is extremely important to understand the nature of the contentions in the LLR complaint before responding to the investigator ensure that no critical details are overlooked. If the allegations concern drugs or alcohol, your LLR investigator may refer you to the Recovering Professional Program (RPP). RPP Compliance is critically important.
Failure to timely report or cooperate can result in disciplinary action or a temporary suspension order (TSO). You cannot practice while the TSO is in place. We routinely guide clients through the RPP intake process and are available to answer any questions you may have.
What Happens When the LLR Investigator Is Done With My Case?
LLR investigations are routinely concluded with a presentation to the Investigative Review Committee (IRC). Your LLR investigator will create a summary report to present to the Investigative Review Committee (IRC). The IRC will review the facts presented by the investigator and make the initial determination as to whether any disciplinary action should be issued.
The IRC determination will then be presented to the Board who can choose to accept or reject the IRC recommendation.
Actions initially taken by LLR Boards following the IRC recommendation include:
Responding When an LLR Attorney Offers You A Consent Agreement
Depending upon the nature of the accusations set forth in the LLR complaint, you may be offered a public or private consent agreement (if authorized by your practice act). If the nature of the allegations is more severe, your case may be noticed for a full hearing on the merits of the case. A full hearing requires witnesses and sworn testimony.
Regardless of the proffer, it is extremely important that you closely review all relevant evidence with an experienced South Carolina LLR defense attorney.
There are options beyond simply signing a public consent agreement. A public reprimand can impact your employment opportunities and impede your ability to earn an income. We strongly suggest that you give us a call before signing a public consent agreement to learn more about your rights and to discuss requesting a hearing.
LLR Board Hearings: Proper Preparation Can Help Protect Your Professional License
Proper preparation for your LLR Panel or Board hearing is critical is essential to protect your professional license. While you might expect that the Board will know everything about your case and what has occurred through the LLR investigative process, the reality is that your disciplinary hearing will be the first time that the Board has heard anything about your case.
Our South Carolina professional license defense attorneys have handled hundreds of LLR related matters. We will ensure that you are prepared, know what to expect, and that the proper remedial efforts have been made. We routinely represent clients in before the various SC LLR boards and welcome the opportunity to discuss the nature of your specific case.
If you have been contacted by an LLR investigator, or offered a consent agreement, give us a call to discuss your options moving forward and what you can expect. 803-227-4254.