Can You Appeal a North Carolina Licensing Board Decision?
Yes — Board Decisions Can Be Appealed to Superior Court
If you’ve gone through the entire disciplinary process with your licensing board and exhausted all administrative remedies, North Carolina law (N.C. Gen. Stat. §150B, Article 4) allows you to appeal the board’s final decision to Superior Court. However, time is of the essence.
Appeals Are About Legal Errors, Not Re-Trying the Facts
Many professionals call asking if they can “appeal” a board decision but aren’t sure what that really means. An appeal is not simply a chance to re-argue the facts. Instead, it’s usually based on a legal error the board made during the hearing — for example, misapplying a statute, violating due process, or exceeding its authority.
Strict Deadlines: You Usually Have 30 Days
Appeals from licensing board decisions have strict filing deadlines. In most cases, a professional has 30 days from service of the board’s final decision to file a notice of appeal or petition for judicial review.
If you miss this window, you automatically waive your right to appeal — even if you have a strong legal basis. This is why it’s crucial to contact an attorney immediately after receiving a final decision.
What the Appeal Process Looks Like
Assuming you have legal representation, the process typically involves:
Filing a Petition for Judicial Review in North Carolina Superior Court.
Assembling the record of the board proceedings (transcripts, exhibits, and orders).
Filing briefs and arguments explaining the legal errors and why the board’s decision should be reversed or modified.
Attending a court hearing on the petition, where your attorney presents arguments and answers the judge’s questions.
The Superior Court does not re-hear evidence or call new witnesses; it reviews the board’s record to decide whether the decision complied with the law.
Why Experienced Appellate Counsel Matters
Licensing board appeals are a highly technical area of administrative law. An attorney experienced with North Carolina’s Administrative Procedure Act can:
Identify valid legal grounds for appeal.
Ensure all deadlines and procedural requirements are met.
Persuasively brief and argue the case before the Superior Court.
Missing a filing deadline or presenting the wrong argument can forfeit your appeal and leave the board’s decision in place.
Protect Your License by Acting Quickly
If you’re considering an appeal of a North Carolina licensing board decision, don’t wait. Contact a lawyer experienced in administrative appeals as soon as you receive the board’s order. Timely action is the key to protecting your professional license and career.
This is not legal advice. If you do need legal representation call the office at: 919-616-3317