Should I Sign An LLR Consent Agreement?

January 06, 2018 by Robyn W. Madden

LLR Consent Agreements

If a complaint has been initiated against your license, you are likely already familiar with the LLR investigative process. When a complaint is initiated with the Agency, the case is referred to an LLR investigator with the appropriate board and the case proceeds through the LLR investigative process. If the Board (with extremely limited information and no knowledge of the parties) does not feel that the matter is appropriate for dismissal or private letter of caution after the investigative stage, the case will be referred to the office of disciplinary counsel and assigned to an attorney for disciplinary action.  Depending upon the board and the facts of your case, your pending LLR disciplinary matter may be authorized for, and you may be offered, a public consent agreement.

The terms of an LLR public consent agreement generally include:

• the allegations of the case,
• a fine,
• educational courses,
• suspension which may or may not be stayed with probation, and
• practice based restrictions.

If you’ve been offered a public consent agreement, you should not do anything until you consider your options. Do not make the mistake of signing a public consent agreement without first consulting a professional license defense attorney to discuss the facts specific to your situation. Our professional licensing team offers a consultation to discuss the facts of your LLR case.  We have handled hundreds of LLR related matters. We understand the future impact that potential professional disciplinary action including a public reprimand, license suspension, or other practice limitations can have upon your professional practice. Call us for a candid conversation regarding the facts of your case. Our attorneys will aggressively defend your right to continue to practice, argue against disciplinary action, and fight practice based restrictions.

How Can They Place These Restrictions?

The South Carolina Department of Labor, Licensing, and Regulation (LLR) regulates over 40 professions in the State of South Carolina. As a licensed practitioner in the State of South Carolina, you are subject to your professional board’s practice act, regulations, and advisory opinions. Governing boards include the Board of Nursing, Board of Medical Examiners, and Board of Registration for Professional Engineers and Surveyors. LLR also regulates activities you may not consider, like well digging, athletics, and fireworks. Each Board is responsible for regulating the conduct of its licensees and protecting the public. Power granted to each board includes the right to impose public disciplinary action, practice limiting restrictions, even license revocation.  It’s important to remember that the consent agreement is just an offer. If you have been accused of professional misconduct, it is critical to take action to protect your license. You have the right to a hearing, to challenge the evidence, and to argue against practice based restrictions.  To speak directly with an attorney to learn more, call 803-227-4254.