Department of State

The Pennsylvania Department of State regulates professions and occupations through 29 boards in the Bureau of Professional and Occupational Affairs and commissions each notary public through the Division of Commissions, Legislation and Notaries. Within these agencies there are three ways that a case may arise: (1) provisional denial of an application, (2) an order to show cause or a petition for violation, or (3) a petition to reinstate a license, certificate or registration. There are also protest cases for vehicle dealers. I handled all of these cases for 25 of those boards.

Although there are similarities to a case before a trial court, there are important differences, including differences between the professions and their boards. My experience in the Department of State is useful to understand those differences.

In 1993, as a member of the House of Representatives I voted for the bill suggested by then Commissioner George Shevlin and offered by Representative William Lloyd of Somerset to create the position of hearing examiner in the Department and issue citations for minor professional violations. This bill became Act 48 and later Act 53. Thirty years later, as a hearing examiner, I developed a set of factors that I used to evaluate and weigh criminal convictions of licensees and applicants. With some changes those same factors are required to be used in Act 53.

It’s a good idea to get a lawyer early, even before the formal procedure begins. You may have been charged with a crime. You may be contacted by an investigator or you may receive a complaint from an employer, a patient or a client. Or you may want to attend a school or college to prepare for your profession but you’re not sure if your past may prevent you from getting a license. It’s not too early to talk to a lawyer.

If you’re charged with a crime, I don’t handle criminal cases, but if your criminal defense attorney wants to talk to me about how a criminal case may affect your professional license, I am able to speak directly to your lawyer.

Contact my office and request a Free Consultation. I like to listen to a new client and ask questions to learn more about how we got to the present situation.