Legal Briefs | Battery Conviction Recharged
Originally Published in the May 2013 NABP Newsletter
By Dale J. Atkinson, JD
Many legislatures have enacted so called “social legislation” intended to empower regulatory boards to impose administrative sanctions against licensees for certain delineated activities. Indeed, such laws may not even provide the regulatory board with discretion regarding the severity of the sanction, but rather mandate loss of licensure based upon the occurrence of identified events. Triggering events may include non-payment of child support, non-payment of alimony, non-payment of state and/or federal income taxes, conviction of certain crimes, and, perhaps, others. These triggering events or convictions are determined by other tribunals, such as a criminal court or administrative body empowered to enforce taxes and marital dispositions. In some cases, not only is the sanction set forth in statute (such as revocation), but the regulatory board is mandated to impose such sanction without a hearing provided to the licensee. Finally, the ability of the now-disciplined licensee to reinstate the license may be forever precluded.
The full article, which reviews a case involving a licensee of the Illinois Department of Financial and Professional Regulation, is available in the May 2013 NABP Newsletter (PDF).