Certain skilled occupations in North Carolina require professional licenses, and people working in these industries need to be licensed in order to practice their particular professions. The initial process for first-time applicants can be stressful enough, but these matters become much more complicated when professionals are subject to investigations or disciplinary actions by agencies or licensing boards.
Some people do not immediately appreciate the seriousness of these licensing reviews and are stunned to learn that their licenses have been revoked. Depending on the specific license, a professional may be able to appeal the decision of an agency or licensing board.
If you are currently under investigation, are preparing for a disciplinary hearing, or have already lost your professional license, you need to obtain legal counsel as soon as possible. Clifford Law Group fights to help North Carolina professionals keep or regain their licenses.
Our Wake County license appeal attorneys represent clients all over the Raleigh area, including Carrboro, Apex, Durham, Wake Forest, Chapel Hill, Hillsborough, and Cary. We can review your case to see how our firm would best be able to help you as soon as you call (919) 441-1799 to schedule a confidential consultation.
If you are facing a complex legal matter, it is vital that you retain the immediate representation of Clifford Law Group. The right attorney may make all the difference in the outcome of your case. Make the smart choice – enlist the supportive assistance of our Raleigh natives today.
There are more than 700 different professional licenses in the Tar Heel State. These regulatory or occupational licenses or permits are issued by one of several different state occupational licensing boards.
These boards include:
The specific rules of occupational licensing boards are contained in the State of North Carolina Administrative Code (NCAC) and published by the Rules Division of the North Carolina Office of Administrative Hearings. Regulations concerning these agencies are known as administrative law, and contested licensing cases may be filed with the Office of Administrative Hearings. Contested cases are heard and decided by administrative law judges.
Under Title 26 NCAC § 03.0105, the duties of an administrative law judge include:
An administrative law judge will issue a final decision or order in a contested case within 45 days after receiving any proposed findings of fact and written arguments submitted by the parties and the date the contested case hearing ends. Both the professional and the licensing board have the right to file an appeal of the final decision in the Superior Court of Wake County, the Superior Court of the county in which the losing party resides, or the North Carolina Court of Appeals.
It is important to understand that every occupational licensing board handles their own cases differently. As a result, every licensed professional will have different rights to appeal.
For example, North Carolina General Statute § 90-14.1 states that when the North Carolina Medical Board denied the issuance of a license to an applicant, the applicant must be given a formal hearing before the Board upon request. Any decision of the Board following a formal hearing is further subject to judicial review upon appeal to the Superior Court of Wake County, and a decision there may be appealed to the Supreme Court.
However, North Carolina General Statute § 90-345(c) states that if the North Carolina Board of Licensed Professional Counselors denies licensure or reinstatement of a license on the basis of an applicant or licensee's criminal history, then the applicant or licensee only has the right to appear before the full Board to appeal the Board's decision. That appearance before the full Board constitutes "an exhaustion of administrative remedies."
The difference in these possible options underscores the importance of immediately seeking legal representation when you believe that your professional license is in jeopardy.
Has your professional license been denied or revoked because of criminal charges? Get the help of an experienced Wake County professional license appeal attorney in regaining your license and career.
Clifford Law Group fights for licensed professionals throughout Orange County, Durham County, and Wake County. Call (919) 441-1799 right now to set up a consultation that will let our firm review your case.
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