I got a letter telling me my occupational license is being suspended. What are my rights?
Your specific rights, and the time you have to act, usually depend on what kind of license you have and what state or local agency, board or commission is trying to take away your license. The letter should tell you what your rights are. You can also look at the laws and regulations (rules) of the agency that controls your license or permit.
Generally, your right to an occupational license or permit is considered "property" that is entitled to a constitutional protection called "due process." This means that generally, you have the right to:
You should always act quickly, so you don't lose your rights. Try to find a lawyer to help you, but while you are looking, appeal ON TIME to protect your rights.
The state agencies, boards and commissions that issue occupational licenses or permits may have their regulations (rules), and the state law that the rules are based on, available on the internet. Try the State of Louisiana website to start. Local agencies may also put their rules on the internt; try searching by their name. You can try a public, law, or university library. The law on many professions and occupations is found in Title 37 of the Louisiana Revised Statutes. You can also contact the agency itself. If you want a lawyer to represent you, a law office can also get the law and rules that apply to your case.
How do I appeal?
Usually, a letter will be enough. But you should try to get a lawyer's advice on your appeal if you can! What you put in your appeal can make or lose your case. Also, if you file your appeal too late, you may lose your right to fight your case.
If you have no other choice but to file an appeal on your own, make sure you keep a copy for your records. You may want to send it by certified mail, or have a witness to your mailing it, and send a copy by fax (if rules allow it).
If you talk with people in the agency, board or commission about your case or your appeal, keep a written record of who you talk with, when, and what they say.
My license was suspended without a hearing first. Is that legal?
Click to hear a sound recording of this information.
Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where you are. The information in this web site is not guaranteed to be up-to-date. The information in this web site cannot replace the advice of competent legal counsel licensed in your state.
Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.
Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such sites, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
E-mail. Viewing this Web site, or transmitting an e-mail message through this Web site, does not create an attorney-client relationship. Sending e-mail to an attorney mentioned in this site does NOT create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may NOT be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.
