Strategies for Responding to New Jersey Professional Board Complaints and Inquiries

As a licensed professional in New Jersey, you understand the dedication, education, time, and effort required to obtain and maintain your license. Whether you are a physician, dentist, nurse, physical therapist, accountant, plumber, or in any other licensed profession, your license represents years of hard work and the trust placed in you by those you serve.

But just one complaint from a patient, coworker, client, or anyone else can put your license, and thus your career, at risk. A complaint may trigger a board investigation that could result in disciplinary action, including the suspension or complete revocation of your license.

If you find yourself facing a board complaint or board interview, it is crucial to reach out to an experienced attorney who can guide you through this process and provide the support you need as you protect your reputation and your livelihood.

How do New Jersey professional board complaints and inquiries begin?

It is quite easy for any person to file a complaint against a professional in New Jersey. The complainant does not need to hire an attorney or pay a filing fee. Generally, they can get the forms to file a complaint online or from the licensing boards.

There are 51 professional licensing boards in New Jersey, and each has its own procedures for investigating complaints against professionals and licensees.

Common steps in the process include:

The licensing board receives a complaint against a licensed professional.
The board sends the professional a request for a response and a deadline for doing so or requests an interview with the professional.
A Preliminary Evaluation Committee of the board assesses the complaint by interviewing witnesses, collecting evidence, and reviewing documentation.
The board issues a proposed consent order resolving the matter (i.e., admitting your guilt and agreeing to comply with the board’s proposed disciplinary actions)
If the professional does not come to an agreement and sign a consent order, a hearing is scheduled before an Administrative Law Judge to hear the evidence and enter a decision – it is a trial before the judge.

You have the right to counsel during all phases of an investigation by a licensing board. Hiring a New Jersey professional licensing board defense attorney is one of the best ways to protect your license, career, and reputation if you are the subject of a licensing board investigation.

How are board complaints and inquiries handled in New Jersey?

Licensing boards have broad powers to investigate complaints and inquiries. The New Jersey Uniform Enforcement Act governs their powers.

Examples of investigative and enforcement powers include, but are not limited to:

Inspecting the premises of a professional or a business licensed by the board
Requiring a person to submit a statement or report in writing under oath
Examine goods or items used in an activity or practice regulated by the board
Examine any person under oath regarding any practice or act subject to administration by the board
Examine documents, records, reports, and other papers prepared by or for a professional or occupational licensee
Impound records, documents, reports, and other evidence
Require a professional to submit to an assessment of skills

As a licensed professional, you have an obligation to cooperate with the board in any investigation or responding to a complaint.

Steps to take when responding to professional board complaints and inquiries

If you receive a notice of investigation or complaint from the licensing board, you should contact an experienced lawyer first. You want an attorney who understands your license and obligations, including how to defend professionals against professional board complaints. Work closely with your attorney to identify and gather documents requested by the licensing board or those that can defend against the complaint.

Do not ignore the board’s letter. Once again, as a licensed professional, you have an obligation to cooperate with the board in any investigation or responding to a complaint.

You should not contact the complainant, alter records, or try to handle the matter yourself, as these are also examples of potentially harmful strategies for dealing with a licensing board inquiry. Instead, upon receipt of a letter from the Board regarding a complaint, immediately contact an NJ attorney experienced in handling NJ professional board matters.

Impact of professional board complaints and investigations on professional careers and reputations

Licensing boards help protect the public and ensure the ethical conduct and competence of certain professionals. The boards are responsible for issuing and renewing licenses and investigating complaints by clients, patients, coworkers, and others.

Unfortunately, New Jersey licensing board investigations can severely damage a professional’s career and reputation. Even the suggestion of an investigation can cast doubt on the professional’s competence and trustworthiness. Current and potential clients and customers might assume the professional is guilty of misconduct without bothering to hear the details of the investigation or follow up to learn about the outcome.

Professionals should treat inquiries from New Jersey licensing boards seriously. It can be challenging to repair the damage to a professional’s career and reputation once the damage is done. Sanctions available to the board include:

Letter of warning
Reprimand
Non-active suspension from practice
Active suspension from practice
Revocation of right to practice

In addition to harming your career and reputation, an investigation by the licensing board can be costly.

The board may also seek a monetary penalty, fines, board costs for investigating the case, and completing designated professional education courses before continuing to practice.

The financial impact of an investigation can be devastating for a business. The financial consequences may continue long after the investigation, resulting in loss of business and revenue. All of these sanctions can be negotiated with the board by an experienced attorney.

Your attorney representing you in response to a complaint must show the board that you comply with applicable statutes, regulations, and accepted standards of practice. The goal is to have the matter administratively closed, with the disposition of the complaint placed in the confidential files of the board to avoid any damage from public knowledge of the complaint.

Timelines for New Jersey professional board complaints and inquiries

Board investigations can move very slowly. The timeframe for a professional board investigation varies depending on many factors. Factors that could slow down an investigation include:

A backlog of cases
The complexity of the investigation
Understaffing
The type of evidence that must be collected
The number of witnesses to be interviewed
The professional’s failure to cooperate with investigators
The timing of the board meeting to vote

It is essential to understand that the duration of an investigation by the state licensing board is not under the control of the individual being investigated.

While it may be a challenging experience, remain positive and focus on clearing your name and closing the matter with confidentiality. Additionally, stay informed about the progress of the investigation and work with your attorney to ensure that the board is provided with all necessary information.

By being proactive and maintaining a constructive outlook, you may be able to mitigate the negative impacts of a lengthy investigation, including stress, increased costs, reputational damage, and emotional distress.

Consult with a New Jersey professional licensing board defense attorney immediately

The pressure of being constantly scrutinized by authorities can feel overwhelming, particularly regarding professional licensing boards. However, you do not have to face this challenge alone. Our team of experienced professional licensing board defense lawyers in New Jersey can help you navigate the legal complexities and handle your case while you focus on your practice.

Our experienced defense attorneys understand the importance of maintaining your professional reputation and will work tirelessly to defend your interests and protect your rights. Whether you face disciplinary action through reprimand, suspension, or license revocation, we will provide personalized legal representation tailored to your specific circumstances.

Contact Us Today!