When you hold a professional license, whether as a lawyer, engineer, contractor, or healthcare provider, you might not always realize the legal protections that come with it—especially when facing complaints or disciplinary actions. A key protection is your right to a hearing, rooted deeply in the principle of due process. This article breaks down why licensed professionals have this right, how it works, and why it matters.
What Does It Mean to Have a Right to a Hearing?
Often, when a complaint is filed against a licensed professional, the process begins quietly. Sometimes the complaint is dismissed or resolved with a warning letter—actions that don’t amount to formal administrative action. In these cases, due process rights, including the right to a hearing, typically do not come into play because the licensing board or state agency hasn’t taken official action against the license.
However, if the licensing board or agency finds enough evidence to move forward—for example, proposing a suspension, revocation, public reprimand, or fine—that’s when administrative action occurs, triggering your right to a hearing. You will receive a letter explaining the allegations and your right to request a hearing within a specific timeframe, usually 15 to 30 days.
Knowing how and to whom you request this hearing is important. Sometimes you must file a petition with the Office of Administrative Hearings; other times, you request it directly from the licensing board. Understanding these procedural steps ensures you do not miss your opportunity to be heard.
Why Do Licensed Professionals Have the Right to a Hearing?
The answer lies in the constitutional guarantee of due process. When the United States was founded, the framers of the Constitution embedded protections to ensure that individuals are not deprived of life, liberty, or property without fair procedures.
The Fifth Amendment of the U.S. Constitution explicitly addresses due process at the federal level, and the Fourteenth Amendment extends this requirement to state and local governments. Due process means that before the government can take significant actions affecting your life, liberty, or property, you must be given a fair chance to be heard.
Licensed professionals fall under this protection because a professional license is considered a form of property or liberty interest. Losing or having restrictions placed on your license can drastically affect your livelihood and freedom to pursue your chosen profession.
Due Process in the Context of Professional Licenses
Liberty Interest
Your professional license protects your liberty interest—your right to freely choose and pursue your profession. While the government can regulate professions, it cannot arbitrarily strip you of this right without a fair hearing. This liberty interest is fundamental because your career often forms a core part of your identity and happiness.
Property Interest
Licenses are also considered a form of property interest. Although you cannot transfer your individual license to someone else (for example, a law license or an engineering license is non-transferable), the license itself is legally yours. This ownership means the government cannot revoke or suspend it without due process.
There are exceptions, such as facility licenses (like a daycare center license), which can sometimes be transferred, but the principle remains: these licenses cannot be taken away without proper procedures.
What Does Due Process Look Like in a Hearing?
Due process isn’t just about having a hearing—it’s about having a fair hearing. This means:
There must be clear, established rules and procedures that both the government agency and the licensee must follow.
The hearing must be conducted by an independent and impartial third party, free from bias or conflicts of interest.
The process should include adherence to the rules of evidence and civil procedure, ensuring that both sides can present their case fairly.
The hearing cannot be a sham or formality; it must provide a genuine opportunity for the licensee to challenge the allegations and present evidence.
For example, if your case goes before the Office of Administrative Hearings or a professional licensing board, you can expect these procedural safeguards to be in place.
Why This Matters
The protections of due process prevent government agencies from unfairly or arbitrarily taking away your ability to work in your chosen profession. This not only protects your livelihood but also maintains the integrity of the licensing system by ensuring decisions are made fairly and transparently.
Understanding your right to a hearing and the due process protections available empowers you to protect your professional license effectively. If you ever receive a notice of administrative action or a complaint, knowing your rights and the proper steps to take can make all the difference.
Final Thoughts
Your professional license is more than just a credential—it is a vital part of your property and liberty interests protected under the law. The right to a hearing ensures that government agencies cannot take this away without giving you a fair chance to defend yourself.
If you find yourself facing licensing issues or need guidance navigating this complex process, it’s important to seek knowledgeable assistance. Understanding your rights and procedural requirements can safeguard your career and peace of mind.
Remember, due process is a cornerstone of our legal system, designed to protect you from unfair treatment and uphold justice in professional licensing matters.
*Nothing in this blog establishes an attorney-client relationship. Nothing in this blog is legal advice. If you have any questions, please check out our other blogs and our Youtube channel. You can also call us at 919-521-8810 with questions.