What You Need to Know about the Texas Department of Licensing & Regulation

For professionals in Texas, understanding What you need to know about the Texas Department of Licensing & Regulation is important. The TDLR is a state agency that regulates a large number and variety of different professions and industries. The Agency sets standards for many occupations and industries, including but not limited to midwives,  behavior analysts, massage therapy, laser hair removal, electricians, and podiatrists. The intent of these regulations is to guarantee the persons practicing have the necessary qualifications and observe ethical practices, making Professional License Defense a critical resource when issues arise.

Beyond licensure, the TDLR is important through its regulation of its various programs, investigation of complaints, and taking disciplinary actions when needed. Whether it be an application for new licensure, renewal of a license, or even an investigation or enforcement action, TDLR remains important in the maintenance of your professional livelihood. Lype Dest Smith Lawyers guide professionals through these complicated regulations, providing legal support for license applications, renewals, and disputes to protect their careers.

About the Texas Department of Licensing and Regulation (TDLR)

The TDLR is the state agency responsible for the licensure and regulation of a wide array of occupations, businesses, facilities, and equipment in Texas. It regulates over 40 industries and makes sure businesses and professionals meet certain legal and safety standards. Its regulatory functions include licensing new professionals, establishing educational and training requirements, and enforcing compliance through inspections and investigations. The TDLR also protects consumers by investigating complaints and disciplining violators of state regulations. The mission of the TDLR is to “promote and protect the health and safety of Texans by ensuring that all programs and services are administered fairly and in a manner that is consistent with the highest standards of your profession.”

Key Responsibilities of TDLR

Its key responsibilities include:

• Licensing: Licensing qualified individuals and businesses in many different professions.
• Enforcement: Ensuring compliance with state laws and regulations through inspections and investigations.
• Education: Helping provide licensees with the resources and information needed to comply with regulatory requirements.

Industries and Professions Regulated by TDLR

In general, TDLR regulates a number of industries and professions. Some of the professions regulated by the TDLR include:

• Air Conditioning and Refrigeration Contractors.
• Midwives.
• Behavior Analysts.
• Podiatrists.
• Barbers and Cosmetologists.
• Electricians.
• Massage Therapists.
• Tow Truck Operators.

The Texas government reports that the TDLR regulates numerous careers to make sure these professionals and their businesses are obeying the law and meeting safety standards.

Licensing and Regulation Processes

Understanding the licensing process is crucial for professionals aiming to practice legally in Texas.

Steps to Obtain a License through TDLR

1. Determine the Required License: Identify the specific license needed for your profession.
2. Complete Necessary Education or Training: Fulfill any educational or training prerequisites mandated by the TDLR.
3. Submit an Application: Apply through the TDLR’s online portal or via mail, providing all required documentation.
4. Pass Examinations: If applicable, schedule and pass any required exams.
5. Await Approval: Once all requirements are met, the TDLR will review your application and issue your license upon approval.

Renewal and Continuing Education Requirements

Maintaining your professional license involves periodic renewals and, in many cases, continuing education:

• Renewal: Licenses typically need to be renewed every one to two years. Learn more about how a felony can affect your professional license in Texas.
• Continuing Education: Many professions require ongoing education to ensure practitioners remain updated on industry standards and practices.

Handling Disciplinary Complaints and Proceedings

It’s important to be aware of how the TDLR handles complaints and the potential consequences of violations.

How TDLR Handles Complaints: A Step-by-Step Guide

The TDLR follows a structured process when addressing complaints:

1. Complaint Submission: Anyone can file a complaint against a license.
2. Investigation: The TDLR investigates the complaint to determine its validity.
3. Notice of Alleged Violation (NOAV): If a violation is found, the TDLR issues an NOAV detailing the alleged infractions and proposed penalties.
4. Settlement or Hearing: The licensee can choose to settle or request a hearing to contest the allegations.
5. Final Decision: After the hearing, a final decision is made, which may include penalties or sanctions.

Common Violations and Penalties

Common violations that can lead to disciplinary action include:

• • Unlicensed Activity: Practicing without a valid license.
  • Fraud or Deception: Engaging in fraudulent activities or misrepresenting credentials.
  • Criminal Conduct: Criminal conduct and convictions, even those occurring outside of work.

• Rule Violations: Violating the laws and rules applicable to the licensed occupations.

• Safety Violations: Failing to adhere to safety standards, endangering clients or the public.

According to the TDLR, penalties for violations can range from fines to license suspension or revocation, depending on the severity of the offense.

Need Help with TDLR Issues?

Facing licensure difficulties or disciplinary action? Lype Dest Smith Lawyers in Austin, Texas, are here to help. Our lawyers have vast experience in the defense of professional licenses and will go to bat for you. Contact us today.

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
Justia Profile: Dan Lype
Bar number: 24065658
Location: Austin, TX