Licensing boards in North Carolina hold a person’s livelihood in their hands. If you are refused a license, or if you suffer a disciplinary action like suspension, then you might want to appeal. The good news is that North Carolina law gives you the right to appeal a professional license suspension or other action from a North Carolina licensing board. Contact Remington & Dixon to speak with our Charlotte, NC professional license defense attorney. We can answer your questions and, if hired, start to work on your case.
When Can You Appeal North Carolina Licensing Board Decisions?
North Carolina General Statute 150B-43 gives any person aggrieved by a final decision the right to judicial review. The law does require that the licensee exhaust all administrative remedies, including potential administrative appeals. However, once exhausted, you can ask a court to overturn the Board’s decision.
The first step is to understand whether you have a strong argument on your behalf. An appeal isn’t an opportunity to simply express disagreement with the Board’s decision. Instead, you typically need to show they made some error: misunderstood the law or exceeded their authority.
For example, the Board might have suspended your license because they claim you divulged client confidences, but you can point to a legitimate reason for doing so. This type of case is a good example of an appeal that has possible merit.
Initial Steps
If you are unhappy with the Board’s decision, you can appeal to the superior court in the county where you reside. You have 30 days to file from the day of the Board’s decision. (N.C. Gen. Stat. § 150B-45.)
The process will depend on the North Carolina licensing board, which rendered the decision. Some Boards have their own procedures for judicial review under their specific statutes. You should follow a more specific statute instead of the general one listed above.
The first step is to file a petition for review. The Board should assemble and certify the official record of the contested case, which usually consists of evidentiary submissions and transcripts of any interviews. The Board might also have issued a written decision, which should be part of the official record.
As the petitioner, you must serve parties of record by personal service. (N.C. Gen. Stat. § 150B-46.)
What Happens Next?
The superior court decides the case without a jury. If you hire a lawyer, they can submit a written brief to the court explaining the error made by the Board, with citations to relevant authority. The law requires that a licensee explicitly state what they disagree with in the Board’s decision.
The Board usually submits its own written brief to the court, justifying the negative action it took. They should send you and your lawyer a copy.
One question is whether you can present new evidence on appeal. It depends on the evidence. Appeals are usually decided based on the facts from the contested case and legal arguments. But some relevant evidence might not have been available during the contested case. In those situations, the superior court might send the case back down to the Board to consider the new evidence.
After hearing your case, the court can:
- Affirm the Board’s decision
- Send the case back down for additional proceedings before the Board
- Reverse the Board’s decision
- Modify the decision from the licensing Board
If the Superior Court decides in favor of the Board, you might then appeal to the North Carolina Court of Appeals. The goal is the same: to point out how the Board (and now the Superior Court) has misunderstood the law and why you should not have your license suspended.
Can You Continue to Practice Your Profession While on Appeal?
This is a serious issue. Suppose the Board suspends your license, but you think you have solid grounds to bring an appeal. Is your license suspended until you convince the superior court to rule in your favor?
Possibly. The Board’s action is not immediately paused simply because you filed an appeal. You might need to ask the reviewing court to suspend enforcement of the Board’s decision for the duration of the case.
The Benefits of a License Defense Lawyer
Superior Courts expect a high level of professionalism in the briefing. Sometimes there is no case directly on point from North Carolina, but a case in a different state might be persuasive. For example, an appellate court in South Carolina or Tennessee might have decided that conduct like yours did not warrant a suspension or other censure. That type of case is persuasive. Experienced lawyers know how to find helpful case citations in support of an argument.
A lawyer also makes a compelling oral argument to the court. The judge will probably have many questions. Licensing cases are fairly uncommon in court, so judges lean heavily on lawyers to help them understand the law.
Contact Remington & Dixon, PLLC, Today for a Consultation
North Carolina licensing boards operate under tight budgets and can make mistakes. A professional should always investigate whether they can file an appeal. Contact our firm today to schedule a consultation. We represent those in the 28207 zip code across North Carolina. Call today at 704-247-7110 to learn more.
