What is administrative revocation?
March 10, 2023
Administrative revocation is a legal process by which a government agency or authority revokes a license, permit, or certification previously granted to an individual or entity. The revocation may be based on a violation of laws or regulations governing the license or certification, or on other grounds such as fraud or misrepresentation in obtaining the license.
Administrative revocation can occur in many contexts, such as the revocation of a driver’s license by a state Department of Motor Vehicles, the revocation of a professional license by a state licensing board, or the revocation of a business license by a city or county government. In each case, the agency or authority responsible for granting the license has the power to revoke it if the licensee violates the rules or laws governing the license.
The process of administrative revocation typically involves a hearing or review process, in which the licensee is allowed to present evidence and argument in defense of their license. However, in some cases, an agency may have the power to summarily revoke a license without a hearing, if the circumstances warrant immediate action to protect the public or maintain the integrity of the licensing system.
Administrative revocation facts
Here are some additional facts about administrative revocation:
- Administrative revocation is a civil, not criminal, penalty. It does not result in fines or imprisonment, but it can have serious consequences for individuals or businesses that rely on the revoked license or certification.
- Administrative revocation can be temporary or permanent, depending on the circumstances of the case. In some cases, a revoked license may be reinstated after a certain period or after the licensee completes certain requirements, such as training or community service.
- Administrative revocation is different from other forms of revocation, such as revocation by a court order or by a private organization. Administrative revocation is carried out by a government agency or authority that has the power to grant and regulate licenses and certifications.
- Administrative revocation is typically governed by specific laws and regulations that vary from state to state and from agency to agency. It is important to consult with a lawyer who is familiar with the relevant laws and procedures if you are facing administrative revocation.
- Administrative revocation can have serious consequences for individuals or businesses that rely on the revoked license or certification. It can result in the loss of income, the loss of a job or career, and damage to reputation and professional standing.
Situations for revocation
There are many situations in which a license or certification can be subject to administrative revocation, including:
- Violation of laws or regulations governing the license or certification. For example, a physician who is found to have violated medical ethics or committed malpractice may have their medical license revoked.
- Failure to meet professional standards or requirements. For example, a lawyer who is found to have engaged in unethical behavior or who has failed to meet continuing education requirements may have their law license revoked.
- Fraud or misrepresentation in obtaining the license or certification. For example, a contractor who obtains a building permit by submitting false information or forged documents may have their permit revoked.
- Criminal convictions or other legal actions. For example, a driver who is convicted of a DUI may have their driver’s license revoked by the Department of Motor Vehicles.
- Non-payment of fees or fines. For example, a business that fails to pay required fees or fines to a licensing agency may have its business license revoked.
- Health or safety concerns. For example, a restaurant that fails to meet health and safety standards may have its food service permit revoked.
It is important to note that the specific grounds for revocation will vary depending on the type of license or certification involved and the laws and regulations governing that license.
The length of a suspension period for administrative revocation can vary depending on the specific circumstances of the case and the laws and regulations governing the license or certification. In some cases, the suspension may be temporary and may only last for a few months or a year, while in other cases, the suspension may be permanent.
Factors that can affect the length of a suspension period include the severity of the violation or offense, the impact of the violation on public safety or the welfare of others, and the licensee’s history of compliance or non-compliance with licensing regulations.
In some cases, the agency or authority responsible for administering the license may have the discretion to impose a specific length of the suspension, while in other cases, the length of the suspension may be mandated by law or regulation.
It is important to note that during a suspension period, the licensee is typically prohibited from practicing or engaging in the activities that require the revoked license or certification. Violating this prohibition can result in additional penalties, including the possibility of permanent revocation. Once the suspension period is over, the licensee may be required to demonstrate compliance with specific requirements, such as completing training or paying fines, before their license is reinstated