Guide · Business
Occupational Licensing and Professional Discipline: A Comprehensive Guide to Boards, Due Process, Antitrust Limits, and Reinstatement
5 U.S.C. § 554
- Type
- Guide
- Jurisdiction
- National
- Date
- 2025-06-30
- Topic
- Business
This guide handles an occupational licensing matter from the first complaint letter through reinstatement, and separately handles the challenge to a board rule that excludes a competitor. It begins with the two structural facts that determine everything: a license is a constitutionally protected property interest, and the board is usually composed of the licensee's competitors. It works through application and character review, the complaint and investigation stage where most cases are actually decided, charging, formal hearing procedure, standards of proof, and judicial review on a closed record. It covers summary suspension, bias and combination of functions, the consent order negotiation in the order the terms actually matter, reporting and collateral consequences, and reinstatement. Separate sections address scope-of-practice conflicts, mobility and compacts, and the antitrust framework that constrains board action.
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