What Happens at a SOAH Hearing?

When an investigation by a professional licensing board, like the Texas Medical Board or Board of Nursing, is not resolved by dismissal of the complaint or entry of an agreed disciplinary order during the informal investigation phase, the case will likely be forwarded to the State Office of Administrative Hearings (SOAH) for a formal hearing. 

If you have a case filed against you at SOAH, you should consult the services of a professional license defense attorney to advocate for you.  A professional license defense lawyer from Lype Dest Smith Lawyers will not only guide you through the procedures of a formal SOAH proceeding, but will also ensure your rights and interests are safeguarded. 

What is SOAH?

The State Office of Administrative Hearings (SOAH) is an independent government agency that conducts hearings for state agencies when legal disputes arise. When a professional license holder, such as a nurse or doctor, faces allegations that were not resolved through the agency’s informal investigation process, the case is sent to SOAH for resolution through mediation or a formal hearing. SOAH is responsible for ensuring that the proceedings are fair and that both parties have an opportunity to present their case.

SOAH serves as a neutral arbiter in these cases. The hearings are conducted by a SOAH Administrative Law Judge (ALJ), who determines the facts of the case and makes findings as to which, if any, statutory or rule violations are supported by the evidence. 

What Happens at a SOAH Hearing?

A SOAH hearing follows a structured process that is similar to a standard court trial. Before the hearing, both parties—the licensee and the licensing board—follow a pre-hearing schedule for completing discovery, conducting depositions, designating witnesses, and exchanging trial exhibits.  Your attorney is instrumental in compiling the necessary evidence and ensuring that you are fully prepared to present your case.

The actual hearing is presided over by an Administrative Law Judge (ALJ) who ensures the proceedings are fair and impartial. The process is governed by the Texas Rules of Evidence, the Administrative Procedure Act, and SOAH’s procedural rules. During the hearing, both sides present witnesses, showcase their evidence, and make arguments on the record. It is recommended to have a professional license defense lawyer who can effectively cross-examine witnesses, challenge the state’s evidence, and present a compelling argument on your behalf.

After the hearing concludes, the attorneys for both sides will present closing arguments either in person or, more commonly, through a written brief that will be considered by the ALJ as they make their decision.  The ALJ produces a Proposal for Decision (PFD), which includes findings of fact, conclusions of law, and a determination of whether a violation occurred. This PFD is presented to the respective licensing board, where the Board votes on a Final Order and imposes sanctions if a violation is found.  The Board cannot modify the ALJ’s findings of fact or conclusions of law.  Either side may appeal the ALJ’s findings to the Travis County District Court if they believe the law was not appropriately applied to the facts of the case.  

 

“Your legal challenges deserve precise attention and dedicated advocacy. We’re committed to navigating the complexities of law, ensuring your rights are safeguarded and your objectives achieved. Trust our experienced team to stand by you every step of the way.”

Dan Lype

Founding Attorney

Consult a Texas Medical Board License Defense Attorney Immediately

If you’re facing a SOAH contested hearing, it is highly advisable to engage an attorney to represent you. A professional license defense attorney understands the SOAH process and the applicable law and will use all the available resources to defend your case. At Lype Dest & Smith, our team of lawyers has extensive experience trying cases at SOAH. Call us today at (512) 881-3556 or contact us online to get the legal representation you need.

Dan Lype

Not afraid to go to court when necessary, Dan has successfully litigated cases all the way to the Supreme Court of Texas. Dan also prides himself on being readily available to clients throughout their cases. He strongly believes effective representation should be a collaborative effort between a client and their attorney.

Years of experience: 15 years
Bar number: 24065658
Location: Austin, TX