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License Defense Attorney

License Defense Attorney in Oregon
Mary W. Johnson, Attorney at Law

Professional Licensing Attorney Mary Johnson

Mary Johnson is an experienced Professional License Defense attorney. If you are under investigation, have been contacted by an administrative agency, or if your professional license is threatened with revocation or suspension it is important to have a licensing attorney represent you. Mary Johnson will represent you during the pre-accusation stage, in settlement, negotiation, and the formal Administrative Law hearing.

You May Need A Licensing Lawyer

Professionals undergoing an investigation of their license encounter Board Staff and not the licensing Board itself. Board Staff are the investigators and professionals who generate the paperwork and advise the Board. Accused professionals rarely are afforded an opportunity to appear because they tend to stipulate to discipline at the urging of Board Staff, without the advice of legal counsel, rather than contest the allegations against the Oregon Attorney General representing the Board at contested case hearings and on appeal.

Licensing Boards solicit complaints from the public by posting complaint forms and processes on their websites. They also post disciplinary actions taken on their website, including the name of the professional, the violation, and the sanction.

The most commonly pursued grounds for discipline are:

  • Malpractice: Standard of Care Violations
  • Addiction: Drugs and Alcohol
  • Dishonesty: Lying, Falsification, Fraud and Deceit
  • Crime: Commission, Arrest or Conviction
  • Failure to Complete Continuing Education
  • Failure to Pay Licensure Fees
  • Failure to Cooperate with the Board

Licensing Boards pride themselves on being tough and vigorous in protecting the public from errors and misconduct by professionals. Due to the sheer number of licenses and shrinking budgets, the Boards have developed streamlined policies and procedures to discipline licensees, which often are questionable and gloss over the individualized situation of the accused.

Professional License Sanctions in Oregon

This imbalance of power results in unwarranted and severe discipline of hundreds of professionals each year in Oregon. For example, in Shank v. Board of Nursing, 220 Or App 228 (2008), a nurse’s license was revoked by the opinion of an investigator where the nurse was not allowed to see the file and cross-examine the investigator. In OSBEELS v. Goldson, Case No. 2476 (2009), a dually registered engineer and surveyor was fined for delay in providing proof of compliance with a statute. In OSBEELS v. McMahan, Case Nos. 2290 (2004) and 2546 (2009), a surveyor was fined in the second action for a violation that had occurred prior to the first action.

Sanctions may include denial of licensure, monitoring, fines, and license probations, suspensions, surrenders and revocations, all which can restrict or ruin a professional’s career. The Board also can order counseling, treatment, additional training, restrict the license, or refer to law enforcement. Worse yet, Board Staff sometimes lull professionals into a false sense of security assuring them throughout the process that if they just cooperate it will be ok.

If you receive a notice of investigation from your licensing Board, contact attorney Mary Johnson or retain competent legal counsel otherwise.

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