This is my fourth post in my series on defending against complaints of inappropriate conduct with clients. My last post was dedicated to describing the initial hearing processes for Phoenix therapists accused of inappropriate client relations. This post concerns the stage after the Arizona Board of Behavioral Health (Board) has ruled against you and either implemented some other discipline, or suspended or revoked your license. You have the right to appeal to the Arizona Office of Administrative Hearings. Contact an experienced Phoenix licensing appeals lawyer if you have been accused of misconduct towards a client.
A Phoenix counseling professional may appeal the suspension of a license after suspension or revocation
Your particular issue determines your next step. If you feel the Board needs to reconsider certain facts you presented then your lawyer may file a petition for rehearing. If the law was misapplied at your hearing but you feel the factual representation is sufficient, you may file an appeal. The Circuit Court will hear your matter on appeal. Your counsel will file paperwork indicating the legal issue to be considered and include supporting case law. The Board will file a response to which your attorney will file a reply. An oral argument will be held before the Circuit Court Judge and a ruling will be issued.
Appeals are not a re-hearing of your case. You are not able to present new evidence or alter the record from the hearing process. An attorney is able to supplement the record with statutory or case law and argue that the Board got the issue wrong and therefore the ALJ should reverse. Appeals are an intensely legal domain and not easily understood by lay people. New facts are not considered and it is important that you have an experienced licensing lawyer on your side to tackle these types of appeals.
A Phoenix licensing appeals lawyer can offer your best chance on appeal
Appeals are largely legal, rather than factual issues. Trained professionals are able to review the record from the hearing and determine whether or not the Board followed the law in your case. In Circuit Court an advocate will be required to follow the rules of evidence and decorum as well as submit written legal briefs establishing support for their position. These matters are fact specific and time sensitive. It is important to your career that you engage a qualified Arizona licensing lawyer to aid you in filing a petition for re-hearing or appeal after your license is suspended. Contact my office today to speak to a Phoenix licensing appeals attorney. I also represent counselors in other Maricopa County cities such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert. I also assist Pima County residents in Tucson.