If you receive a letter from the Commission “finding probable cause” to “recommend” a warning, reprimand, suspension, or revocation, and you want to fight the case, the first thing you must do is follow the directions in the letter and request a hearing. It is highly recommended that you obtain confirmation that your request for a hearing was received.
Once you request a hearing, the case gets transferred from the Commission to the Attorney General’s Office. This generally takes between six weeks and two months. You will receive a letter from the Commission with the expected date of the transfer of the case.
Once the case is in the Attorney General’s Office you can try to negotiate a lower sanction than what the Commission has recommended, and you can even request a dismissal. Many cases end up settling once they arrive at the Attorney General’s Office. If you agree to a settlement, then you sign a consent order which then goes back to the Commission for final approval. The Commission may or may not accept the consent order. If the Commission does not accept the consent order, then you can either negotiate a different settlement or go to a hearing.
If you cannot negotiate a satisfactory settlement, or you do not want to settle the case, then your case will be heard by an Administrative Law Judge at the Office of State Administrative Hearings. Please see the Administrative Law page for more details on that process.