Answering an Order to Show Cause
What the Answer Must Do
An Order to Show Cause is the charging document that commences a formal disciplinary proceeding. It sets out the facts the Commonwealth alleges and the statutes or regulations it contends were violated, and it directs the licensee to show why discipline should not be imposed. It states the time within which a written answer must be filed.
The answer is the licensee’s first formal statement in the case, and it shapes everything that follows. It should:
- Be filed within the time stated in the order
- Specifically admit or deny each allegation
- Set out facts that explain or mitigate the conduct alleged
- State concisely the legal points relied on
- Be served on the prosecuting attorney as the order directs
- Be prepared with care, because admissions in it may be used at hearing
- Be reviewed against any related criminal case
If No Answer Is Filed
Under the General Rules of Administrative Practice and Procedure, a respondent who fails to file an answer within the time allowed may be deemed in default, and the facts alleged in the Order to Show Cause may be deemed admitted. The board may then impose discipline without a hearing. Each allegation should be specifically admitted or denied; a general denial may be treated as insufficient.
After the Answer
After the answer is filed, a matter is usually resolved by consent agreement or decided after a formal hearing, and either way it ends in a final order that may be appealed.
Consent Agreement
A consent agreement is a negotiated resolution between the licensee and the prosecuting attorney that has no effect unless and until the board approves it and issues the stipulated order.
Formal Hearing
A formal hearing is an evidentiary proceeding before a hearing examiner or the board. The Commonwealth bears the burden of proving the charges.
Final Order and Appeal
A final order of a Pennsylvania licensing board may be reviewed by the Commonwealth Court upon a petition for review, which must be filed within 30 days after entry of the order.
Questions Licensees Ask
How long do I have to answer?
The Order to Show Cause states the time within which a written answer must be filed. The period is short, so the date of receipt should be noted and the deadline calendared immediately.
Can I get more time to answer?
An extension may be requested by written motion showing good cause, and it should be sought before the deadline passes; relief after the deadline requires reasonable grounds for the failure to act. No licensee should assume that an extension will be granted.
Does filing an answer mean there will be a hearing?
Not necessarily. A matter may still be resolved after the answer by consent agreement, which has no effect unless and until the board approves it.
Can my answer be used against me?
Yes. Facts admitted in the answer may be treated as established, so each admission should be made deliberately.
What if I also face criminal charges?
The licensing matter and the criminal case are separate proceedings with different standards and consequences, and a resolution in one may affect the other. Statements in the answer should be considered in light of the criminal case.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: Licensing and FAQs · All Licensing Boards
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.