Professional License & Permit Defense
Professional License & Permit Defense
Government has no business telling you how to earn a living — unless it has a lawful reason. We fight excessive licensing, unconstitutional regulation, and economic protectionism that keeps entrepreneurs and businesses from competing fairly.
When a Texas agency threatens your license, permit, or right to operate, the consequences can be existential. But government overreach doesn't stop at license revocation. Excessive licensing requirements, protectionist regulations designed to favor incumbents, and unconstitutional barriers to entry harm entrepreneurs and small businesses every day. Cobb & Gervasi provides aggressive representation — defending existing licenses and challenging unlawful barriers to economic freedom.
- Emergency stays & injunctive relief
- SOAH contested case representation
- Professional & occupational license defense
- Business permit & certification defense
- Healthcare facility licensing actions
- Financial services regulatory defense
- Environmental permit challenges
- Judicial review of adverse decisions
- Challenges to unconstitutional licensing requirements
- Economic protectionism & barrier-to-entry litigation
- Certificate of need challenges
- Occupational freedom constitutional claims
- Regulatory takings of business value
- Due process & equal protection claims
"The right to earn an honest living is fundamental. When government stands in the way without lawful justification, we fight back."
Frequently Asked Questions
How do I fight a Texas agency’s denial, suspension, or revocation of my professional or occupational license?
A licensing or regulatory proceeding almost always has an early window for negotiation, so counsel should promptly contact the agency's enforcement attorney to try to resolve it before formal proceedings. If it isn't resolved, you can request a contested-case hearing at the State Office of Administrative Hearings (SOAH), where an administrative law judge issues a Proposal for Decision that the agency's governing body then acts on. If you're unhappy with the decision, filing a timely Motion for Rehearing is critical because it is generally a prerequisite to appeal, after which you may appeal to Travis County District Court and, if needed, up to the Texas Supreme Court.
Can a Texas agency suspend my license before I get a hearing?
Usually an agency must give you notice and an opportunity for a hearing before acting against your license. But several Texas licensing statutes allow temporary or emergency suspension where the agency decides public health, safety, or welfare demands it — with the full hearing coming only afterward. If that happens, you are entitled to a prompt post-suspension proceeding, and counsel can push for an expedited hearing, negotiate interim conditions that let you keep working, or seek emergency relief from a court. The first days matter most; get help before you respond.
How do I appeal a Texas licensing agency’s final decision?
First, file a timely Motion for Rehearing with the agency — it is generally a prerequisite to any appeal, and missing it usually ends the case. Once the decision is final, you may seek judicial review under the Administrative Procedure Act, typically by filing in Travis County district court within 30 days. Most license cases are reviewed under the 'substantial evidence' standard: the court asks whether the record reasonably supports the agency's decision, not whether the judge would have decided differently — so building a strong record at the SOAH hearing is what wins appeals later.
These answers are general information about Texas law, not legal advice, and they may not reflect the most current legal developments. Reading them does not create an attorney-client relationship with Cobb & Gervasi PLLC — we are not your attorneys unless and until we agree in writing to represent you. Every situation is different; consult a lawyer about your specific circumstances before acting.
Insights on Professional License & Permit Defense
24 articles · View all on the blog →
Know When to Hold’em: Are poker clubs legal in Texas?
Private poker clubs have spread across Texas, but their legality depends on uncertain gambling-law defenses and uneven local enforcement.
Can a Texas agency deny me an occupational license because of my criminal history?
Texas agencies can consider criminal history in licensing decisions, but the law imposes limits and creates appeal rights.
Why can’t I buy alcohol in my city or county?
Texas alcohol sales depend on local-option elections, creating a patchwork of wet, dry, and partially wet jurisdictions.
In vino veritas: Is “Texas wine” really made with Texas grapes?
Texas wine labeling depends on federal and state rules, including how much of the wine must come from Texas-grown grapes.
Taken at Face Value: Can a company sell my biometric data?
Texas regulates biometric identifiers and imposes consent, retention, and disclosure limits on companies collecting faceprints and other biometric data.
Pour One Out for Walmart v. TABC: Retailer ends federal lawsuit challenging Texas liquor law
Walmart ended its federal fight against Texas’ public-corporation ban on package store permits.
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