The government has the power to regulate an occupation if it believes the occupation affects public health, morals, safety, or welfare. One way the government does this is by requiring licenses. A license is legal permission from an authority to do a specified thing. Licensing is a form of government regulation to pursue a particular profession or job for money.
Licensing creates a regulatory barrier to enter into licensed occupations. Licensing advocates argue that it protects the public interest by keeping incompetent and unscrupulous individuals from working with the public. However, it can also harm consumers by raising prices and reducing innovation by new market entrants, and may slow overall economic growth.
Who Needs an Occupational License?
Many occupations require licenses. They include:
Sometimes, a license is not required to do a job, but other times it is a necessity. For example, in some states you may choose to let an unlicensed barber cut your hair, but you may not have an unlicensed lawyer represent you in court.
Are Occupational Licenses Controversial?
Proponents of occupational licenses argue that licensure laws are necessary to protect the public from potentially disastrous professional incompetence. There are certainly some professions, such as doctors or airplane pilots, where incompetent practitioners could inflict grave damage on the public, and it is reasonable to require that they should have to go through the examination and investigation process of getting an occupational license.
However, some argue that the U.S. has far too many professions that are required to get a license. For example, the rationale for licensure is not obvious for such jobs as movie projector operators, massage therapists, librarians, and shampoo assistants. Opponents of licensure laws for these types of jobs may have several arguments. For instance, that It hardly seems likely that the safety risks in allowing unlicensed workers to participate in these professions outweigh the benefits of letting the workers pursue employment freely, with lower prices to consumers.
Moreover, there may be less drastic ways to reduce the scope of licensure. For example, legislators could use a certification process instead of licensing. Certification is a less restrictive process than licensing. To get a certificate, there may still be educational requirements and other expectations of the certificate applicants, but the difference is that workers in the field can opt to get a certificate or not.
The placement of a certificate on the business’ walls still informs the public about which particular workers have certain training or education, but allows people to go to a real estate agent who doesn’t have a certificate if they want to.
How Do I Get a License?
Usually, you have to apply for a license with the proper authority. Each profession has its own authority, its own application process, and its own application processors.
In addition to applying, the authority may have you show that you are fit to do the occupation. To do this, the authority may have you take an exam, serve an apprenticeship, or take classes. The authority may also review your records, including criminal history. Some authorities also require that you post a bond to insure your performance.
There are factors that may prohibit you from getting a professional license. One of these is having a past criminal conviction. As another example, medical professionals may be barred from getting a license for, among other things, having a substance abuse addiction or if they have ever committed insurance fraud.
Drivers who have lost their driving privileges are allowed to get an occupational driver’s license if they can show that they have an “essential need” for a license because they need to get to work, to do their regular job, or to do essential household duties. However, in many states their application will be rejected if they are behind on their child support payments.
How Much Does an Occupational License Cost?
Fees vary by state and by occupation.
The cost of an attorney’s license runs from about $250 to $500, depending on the state. The cost of a private investigator’s license is $100 – $200. The cost of a nurse’s license varies from $150 – $350, while the cost of a doctor’s license can reach $1100.
Along with the fee to get the license, there may be other financial costs. If you need to submit a fingerprint card, there is a cost associated with that. You may need to submit a copy of your school transcript or to pay for a criminal background check, and that costs money.
It should not be forgotten that for many licenses, proof of graduation from some kind of professional program is necessary. This could be as little as 18 months for a hairdresser, or as much as 4 years of law school costs for an attorney. Each of these programs costs a significant amount of money, and it might be good to add them to the true cost of getting a license.
How Long Does It Take To Get an Occupational License?
Like the cost of the license, the length of time that it takes to get an occupational license varies from state to state and from profession to profession. After filing an application, it generally takes 2-4 weeks for the application to be processed.
The true length of time it takes to get an occupational license really depends on how much education is required to apply for a license. This can vary greatly between states: real estate licenses in Florida require 63 hours of training before taking an agent licensing exam, and in California one needs more than double that amount – 135 hours of coursework.
Can My License Be Suspended or Revoked?
The authority that issues a license has the power to suspend or revoke it. Usually, the authority itself or a state statute will set forth the requirements for suspension or revocation. Typically misconduct, violating regulations, lack of integrity, committing a crime, and failure to meet ongoing educational requirements are reasons for suspension or revocation.
Should I Contact a Lawyer about Occupational Licenses?
A liability lawyer can help you determine if you need a license and advise you of your rights if your license has been suspended or revoked. A lawyer may also be able to help you appeal the decision of the licensing authority to court.
An occupational license attorney can speed up the process to get a license, and navigate the occupation’s application process and its clerk’s office. They can also e-file your documents to get you the earliest hearing date or application acceptance.
Some occupations require that an application for an occupational license be accompanied by a court order approving the application. Lawyers can navigate the court system much better than can an individual on their own.
