Roughly one-third of the professions in the State of Oklahoma require a license or certification governed by an agency. With so many professions in Oklahoma requiring licenses, the agencies that govern licensures carry more weight than most people realize when it comes to a state’s economy.
Essentially, these agencies carry a burden to be the gatekeepers to a host of employment ventures. These occupations include individuals working in fields like cosmetology, nursing, dentistry, medicine, physical therapy, psychology, pharmacy, veterinary medicine, electrical, plumbing, truck and bus drivers, insurance, real estate, security, funeral care, and general contracting.
The licensing or certification requirements for each profession vary based on the agency overseeing the licensure and the power granted to that agency by the Legislature. These boards or agencies typically have the authority to create applications and procedures for licensing, processing and approving those applications, and revoking licenses.
Legislation creating the board or agency generally gives broad discretion to the entity to create regulations and licensing requirements specific to the professional field of which that entity has the most knowledge and narrowed to the compelling interest of the state in overseeing that particular profession. For example, Oklahoma has a compelling public interest in licensing individuals who provide electrical or plumbing services to keep our homes and businesses safe, so the Oklahoma Construction Industries Board has broad discretion in licensing those professionals.
Such power to grant or revoke licenses gives agencies a wide range of control when it comes to Oklahoma’s economic opportunities and an individual’s career path. To grant a license, an applicant must meet the agency’s requirements for licensure. For an agency to exercise its power to revoke a license, the agency must have the legislative authority to revoke a license under the circumstances and the professional must be provided an adequate opportunity to present evidence supporting his or her right to maintain the license.
A professional license is considered a property interest once it has been granted, and the license holder may also have a liberty interest in the license. The license is considered a property interest because continued possession of the license may be essential to the pursuit of a livelihood. A liberty interest may exist because the license provides a right to enjoy employment opportunities in one’s chosen field or a right to one’s reputation, honor, and integrity. These interests invoke protections of the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution.
A professional who faces a potential license revocation is entitled to Due Process rights. These rights generally include notice of the revocation proceeding as well as a right to a hearing to contest the revocation. Any professional facing license revocation proceedings is encouraged to seek legal advice and representation from an attorney.
The foregoing should not be understood as, or considered a substitute for, legal advice. For specific inquiries, please contact Aimee Majoue or another licensed attorney.
Aimee Majoue is an attorney with Crowe & Dunlevy, crowedunlevy.com, and a member of the Administrative & Regulatory Practice Group.