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If I receive an Administrative Complaint, what should I do?

An administrative complaint is the beginning of the formal process. Unless an emergency suspension has been entered you are still able to work, even if you have been terminated by your employer. The complaint process is not confidential and your license will show that an active complaint is being processed. Remember, you have the right to competent professional licensing counsel to assist you during this process. Do not try to represent yourself. The legal process is complicated and requires someone with knowledge in how the entire process works. You will have 20 days to file an answer or 45 if governed by the medical board. You also have the right to obtain a complete copy of the DOH file. Following a review of the file you will have an opportunity to file an additional response or attempt to negotiate a settlement. If you have not waived the 45 day DOAH requirement the DOH must file the complaint with DOAH. DOAH will then begin to schedule a hearing date and other pre-hearing conferences and motions, etc. A hearing before DOAH is similar to a civil hearing but is quasi criminal giving you additional protections. You will have the opportunity to confront witnesses and bring your own witnesses and evidence. At the conclusion the Administrative Law Judge will make various rulings and a recommendation to the relevant board. The relevant board makes the final decision as to the disposition of the complaint.

Chart of Florida Administrative Complaint Process for Health Professionals

Chart of Florida Administrative Complaint Process for Health Professionals

Chart of Michigan’s Administrative Complaint Process for Health Professionals

Chart of Michigan's Administrative Complaint Process for Health Professionals