Frequently Asked Questions
Question: I am a complainant, can you tell me about the case?
Answer: No, all actions in ESP are confidential and ESP staff is not able to discuss any case with anyone other than the Respondent and/or his counsel.
Question: Do I need an attorney?
Answer: Whether or not you retain an attorney is entirely your decision, there is no legal requirement that you have one. The staff in ESP is not able to give you legal advice.
Question: Why do I get mail from your office, even though I have counsel?
Answer: It is the Division of Professions and Occupations’ policy, to send all correspondence to the Respondent. If a Respondent has counsel, and is known to the Division, a copy of the correspondence will be sent to counsel.
Question: Can I negotiate my case with the ESP staff?
Answer: ESP staff cannot negotiate with you about the discipline of your case. ESP staff is directed by the Board and only the board has the ability to negotiate the terms of your case. Any proposals for resolution must be taken to the board for consideration.
Question: What is the benefit of participating with ESP?
Answer: The terms of the disciplinary action will be sent in the form of a stipulation as stated by the Board. If the Respondent chooses to accept the terms of the offer, the stipulation may be signed, returned and the matter completed. Therefore, the benefits are saving time, avoiding legal fees, reducing stress and avoiding litigation processes.