It’s okay for the Government to be late — but not you!

19 07 2010

The American essayist Og Mandino is credited with saying the following about being late: “There is an immeasurable distance between late and too late.” A recent administrative law case involving a Licensed Professional Counselor illustrates that perfectly.

The counselor was licensed for 19 years, dutifully renewing her license each year. By law, the licensing board was required to send her a notice 30 days before her license was to expire each year.

Oops!

In 2002, the Board failed to send the renewal notice. As a result, the counselor did not renew her license and her license expired, unbeknownst to her. In 2006, she finally learned that her license had expired. At that time she applied to renew it. But the licensing board refused to renew it because it had been expired for more than one year!

Surely the courts will straighten this out – right?

The counselor sued the licensing board and argued that she should not be penalized for allowing her license to go unrenewed for a year because the board failed to send her a notice of renewal as it was required to do. Her case has been winding its way through the courts but now appears to be over. The result? She loses. In May, the Austin court of appeals ruled in favor of the board. It said that the law required the counselor to renew each year, and that requirement applied whether or not the board sent a reminder notice as it was required to do.

Moral of the story

We all have so much going on in our lives that we tend to rely on others to tell us when things are due. We rely on the dentist to tell us when it is time for a cleaning, and we rely on the government to tell us when it is time to new our various licenses and registrations. But this case shows that you must treat your professional license differently. Be vigilant about the deadline to renew your license and do not rely on your licensing agency to remind you.

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