Business Licensing Issues
Business Licensing claims are generally administered by the Department of Labor, Licensing, and Regulation (DLLR). Over the years I have counseled clients who have faced proceedings, for example, before the Home Improvement Commission and the Secondhand Precious Metal Object Dealer and Pawnbroker Agency. I have also reviewed unemployment claims by workers.
DLLR regulations are onerous, and you must exhaust all administrative remedies before filing a petition with a court. Moreover, it is extremely hard to present evidence before a court that was not raised in the administrative proceeding. For example, in a proceeding before the Secondhand Precious Metal Object Dealer and Pawnbroker Agency, you will be entitled to an evidentiary hearing before an administrative law judge. After taking testimony and reviewing exhibits, the ALJ will prepare a memorandum with a proposed order. At that stage, you will have a limited amount of time in which to appeal the decision within the agency. This appeal is crucial in that it provides another opportunity for the evidence to be interpreted. Moreover, you may ask the agency to consider additional evidence.
After the appeal within the agency, a final order will be docketed. While you can appeal the final order to the Circuit Court, except in very limited circumstances, the appeal will be based on any legal errors made by the agency. Common mistakes include failing to raise important issues within the administrative proceedings and jumping the gun by filing a Circuit Court petition before all administrative remedies have been exhausted.