Administrative Law deals with appearances before legislative bodies such as the Board of Pharmacy, Board of Nursing, Medical Board, and the State Bar of Nevada. In most instances, such appearances are as a result of disciplinary matters where the standing of a person's professional license is impacted because of a breach of statute or administrative code by a person's conduct.
A state license is a difficult item to obtain and requires substantial education and sacrifice. A breach of statute or code can result in the suspension or loss of a license. In most cases, representation by counsel and a good strategy can reduce the penalty phase of state action. Even when suspension is required by a board, terms for reinstatement can be negotiated to allow re-entry.
Knowledge of the administrative code and procedure is essential in dealing with any administrative matter. A working relationship with state boards is also vital. Those with experience in administrative law will tell you that an adversarial approach to a legislative board can result in horrific results.
Sadly, those not familiar with administrative hearings will attempt to represent clients in the same fashion as an adversarial trial setting. This is entirely the wrong approach with a board of one's peers. Instead, experienced counsel will understand the nature of the offense and also the parameters of possible outcomes. This can only come with years of practice. Understanding what has occurred in similar prior matters can help the attorney and client position themselves for an acceptable and predictable outcome. In contrast, an inexperienced representative will often attempt to force a positive outcome through "lawyering" or trial advocacy. The results are almost certainly to be worse than those fashioned through a proper approach in light of the circumstances.
A board action is not a criminal action, nor is it a civil suit for damages. Despite that fact, these two factors must be considered when representing a client in front of a board. For instance, a pharmacist who has made an error in filling a prescription will likely face a liability suit at a later date. Failing to recognize the possible use of a board action and the testimony before an administrative board in a later civil proceeding can result in serious complications.
Likewise, if a professional licensing breach has criminal overtones, an untimely confession can be used against a license holder in a subsequent criminal prosecution. As the censuring of a license is different than a criminal prosecution against the same individual, there is no "double jeapardy" and the revelations can lead to a very poor outcome in a subsequent criminal matter. To that end, experienced counsel in an administrative law proceeding will often negotiate a resolution on the license subject to the outcome of a criminal matter. All the settlement discussions would be "off the record" and offered by the attorney to the licensing board in an unbinding manner called an "Offer of Proof" which admits no liability, but does allow for the probable finding of facts necessary to finalize the disciplinary matter without complicating the criminal action that might be brought at a later time.
Institutional Licensing and New Licensing
Rob Graham & Associates is also experienced in assisting institutions and individuals in obtaining new licenses with state agencies and/or boards. Licensing is not an easy process and is filled with administrative hurdles, half of which are not even found in the statutes or codes. Even though the statutes or codes may seem clear, the unwritten process can create a maze of confusion and result in substantial delays. Nevada is a state infamous for protecting those who already have licenses and excluding those who are trying to break into a field. In fact, the leading case against state protectionism in licensing before the United States Supreme Court originated in an applicant suing the State of Nevada. The State of Nevada lost that case, but little has changed in the twenty years since.
To that end, having competent counsel is a necessity in trying to break through the licensing process in Nevada. Where necessary, it also helps to have counsel who can challenge a licensing process if it is too rigid and may be a violation of federal law.
If you are pursuing a license, you have been turned down for a license, or your license is being challenged as a result of a violation of a statute or code, call Rob Graham & Associates for an appointment.
Our number is (702) 255-6161 |
