Guide · Administrative Law
Professional Licensing and Occupational Discipline: A Comprehensive Guide to Boards, Hearings, and Judicial Review
5 U.S.C. § 705
- Type
- Guide
- Jurisdiction
- National
- Date
- 2026-06-21
- Topic
- Administrative Law
This guide covers professional licensing and occupational discipline end to end, from the constitutional basis of licensure through the mechanics of a contested case to reinstatement after revocation. Part 1 explains where licensing power comes from and what limits it, including the fitness-to-practice principle and the property and liberty interests a license creates. Part 2 covers entry — applications, character and fitness, criminal history, and the appeal from a denial. Part 3 covers the disciplinary process stage by stage, with attention to the investigative phase where most cases are actually decided. Part 4 covers the hearing itself: burden, standard of proof, evidence, hearsay, experts, and the findings that survive review. Part 5 covers sanctions, consent orders, and the reciprocal and collateral consequences that outlast them. Part 6 covers judicial review, the standards applied, and what must be preserved to obtain it. Part 7 covers reinstatement, and Part 8 covers the counsel side of the practice, including intake, conflicts, fee structures, and the parallel criminal case.
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