The Illinois Department of Financial and Professional Regulation (IDFPR) oversees the licensure and regulation of numerous professions in Illinois. This includes doctors, nurses, accountants, real estate agents, and many more.
If you hold a professional license in Illinois, you have worked hard to build your career. However, receiving notice that you are being investigated by IDFPR can quickly bring anxiety and uncertainty.
Read on to learn why you should call a lawyer immediately and how an attorney can help if you are facing disciplinary action.
Understanding IDFPR Investigations in Illinois
The Illinois Department of Financial and Professional Regulation (IDFPR) is responsible for enforcing state laws that regulate professional licensure. The IDFPR investigates complaints and accusations of misconduct against professionals to determine if disciplinary action is warranted.
Some examples of professions regulated by the IDFPR include:
- Doctors, nurses, dentists, pharmacists
- Engineers, architects, surveyors
- Accountants, appraisers, real estate brokers
- Veterinarians, dieticians, psychologists
- Home inspectors, roofers
If the IDFPR receives a complaint or opens an investigation against you, an investigator from the department may arrive unannounced at your workplace. Alternatively, you may receive a letter notifying you that a complaint has been filed.
In many cases, the investigator may not disclose specifics about the complaint or accusations initially. You could be caught off guard, uncertain why you are even under investigation. This uncertainty, combined with the intimidating nature of an investigation, makes consulting with an attorney imperative before proceeding further.
The IDFPR Investigation Process in Illinois
If you receive notice from the IDFPR that you are under investigation, understand the general investigation process and your rights:
1. Complaint Received
The process begins when the IDFPR receives a complaint against a licensed professional. Complaints come from various sources – clients, employers, colleagues, law enforcement, even anonymously. The Department logs and reviews every complaint to decide if further investigation is warranted.
2. Investigation Opened
If the IDFPR determines a complaint merits inquiry, an investigation will be opened. At this point, an investigator may arrive at your workplace unannounced or you may receive notification a complaint was filed.
3. Informal Conference
Before taking formal disciplinary action, the IDFPR often holds an informal meeting with the licensee. An IDFPR attorney and investigator are present. They may question you about the allegations and request documents. This is why consulting your own attorney beforehand is vital.
4. Formal Complaint
If the IDFPR is unsatisfied with the explanations and evidence provided, they may file a formal complaint against the licensee. The complaint outlines the Department’s charges and recommended disciplinary sanctions.
5. Disciplinary Hearing
A disciplinary hearing before a professional board or administrative law judge will be scheduled. The IDFPR prosecutor presents evidence seeking to prove the charges warrant discipline. Your defense attorney rebuts the accusations with counter-evidence.
6. Resolution Reached
The professional board or judge issues a decision after the hearing. If rule violations are found, they impose disciplinary sanctions ranging from reprimand to license revocation. Sanctions may be appealed to the Circuit Court. Many cases also settle through negotiation prior to a final ruling.
Why You Should NOT Speak to IDFPR Without an Attorney
When first learning an IDFPR investigation is underway, you may feel tempted to explain your version of events immediately. However, this instinct can backfire in several ways.
Speaking without legal counsel risks sharing information that may be used against you later. Even explanations meant to justify your actions can end up being incriminating evidence.
Additionally, learning about an investigation causes anxiety for any professional. Speaking while under stress increases the chance of inadvertently harming your case. Trying to convey your perspective on the spot leads to hurried explanations that lack forethought. This can create inconsistencies an IDFPR prosecutor may pick apart.
Remember: You are not required to answer an investigator’s questions during an initial interview. You have the right to speak with an attorney first.
The risks of speaking to the IDFPR without legal counsel far outweigh any perceived benefits. Be polite but firm in stating you will consult with your attorney prior to answering questions or providing documents.
Why Hire an IDFPR Defense Attorney?
Retaining an experienced Illinois IDFPR defense attorney is the smartest way to respond to an investigation. An attorney can provide legal advice tailored to your situation and represent your interests every step of the way.
Here are key reasons to hire legal counsel:
- Navigate the Process: The IDFPR investigative and disciplinary process has many complex rules and steps. An attorney intimately understands these protocols to best protect your rights.
- Avoid Missteps: Even seemingly benign conversations with an investigator contain pitfalls. One wrong statement could severely damage your case. Let your attorney handle all communication.
- Build the Strongest Defense: An attorney gathers evidence and prepares legal arguments and witnesses to refute the accusations. They work diligently to get charges dismissed.
- Negotiate Resolution: Many cases can be resolved through settlement agreements or voluntary discipline. An attorney negotiates the best possible terms on your behalf.
- Level the Playing Field: The IDFPR has vast investigative resources. An attorney levels this imbalance of power through zealous advocacy and skills.
For the best chance of a favorable outcome, consult with a qualified Illinois professional license defense attorney as soon as possible after learning of an IDFPR investigation.
Working with an Attorney for IDFPR Investigations
If you receive notice of an IDFPR investigation, your first call should be to an experienced Illinois professional license defense attorney. Time is of the essence in these cases. An attorney can provide skilled guidance and representation tailored to your specific situation.
Here is how an attorney can help you respond to an IDFPR investigation:
- Review the Allegations: Your attorney examines the complaint to understand the exact allegations of misconduct. They identify any inaccuracies or flaws.
- Gather Favorable Evidence: An attorney collects documentation and witness testimony to disprove and mitigate the charges.
- Avoid Self-Incrimination: Your lawyer handles all communication with IDFPR investigators to prevent damaging admissions.
- Prepare Your Defense: Through extensive preparation, your legal team develops the strongest arguments and strategies to defeat the allegations.
- Negotiate Resolution: Many IDFPR matters resolve through settlements such as voluntary discipline. Your attorney negotiates the best possible terms.
- Advocate at Hearings: If a hearing occurs, your lawyer cross-examines IDFPR witnesses to expose weaknesses in their case.
- Appeal Unfavorable Rulings: Your attorney can appeal overly harsh sanctions to the Circuit Court and higher courts.
With an IDFPR investigation, the stakes are high. Your reputation and livelihood are on the line. Trust an experienced Illinois professional license defense attorney to protect your interests.
Contact A Chicago IDFPR Defense Lawyers Today
If you have received notice of an IDFPR investigation against your Illinois professional license, contact the team at 1818. Their license defense attorneys regularly defend IDFPR cases for doctors, nurses, accountants, appraisers, social workers, and other licensed professionals.
They provide skilled legal counsel, answer your questions, and discuss how we can protect your livelihood. Contact their office online to schedule a confidential consultation.
