Challenging a Summary Suspension by a North Carolina Licensing Board
What Is a Summary Suspension?
A summary suspension is one of the most drastic measures a North Carolina licensing board can take. It allows the board to immediately suspend a professional’s license—often at the very beginning of an investigation—sometimes based only on the allegations in the initial complaint.
If the board believes that public health, safety, or welfare requires immediate action, it can summarily suspend a license before the professional has a chance to tell their side of the story. This often results in professionals being abruptly removed from work or even terminated from their jobs, with no advance warning.
“Prompt” Hearings Aren’t Always Prompt
North Carolina law requires boards to provide a prompt hearing after issuing a summary suspension. In practice, however, “prompt” can mean weeks or months before a case is actually heard. During that time, the licensee may be unable to work, earn income, or defend their professional reputation.
Can You Stop a Summary Suspension?
Sometimes. Under the North Carolina Administrative Procedure Act (N.C. Gen. Stat. §150B), a licensee can ask the NC Superior Court to block or stay a summary suspension. This is typically done by filing:
A Petition for Judicial Review challenging the legality or appropriateness of the board’s emergency action, and
A Motion for Temporary Restraining Order (TRO) and/or Preliminary Injunction under Rule 65 of the North Carolina Rules of Civil Procedure.
These filings must be supported by affidavits or a verified petition showing why the suspension is unlawful, why you’ll suffer irreparable harm, and why granting a stay won’t harm the public interest. Filing only a TRO without the underlying petition is usually insufficient.
Why You Need Legal Representation Immediately
Board emergency actions move quickly, and strict procedural rules apply. An experienced attorney can:
Develop a strategy to prevent or challenge a summary suspension.
File the required petition and motion in Superior Court on time.
Prepare affidavits and evidence to support emergency relief.
Advocate for a prompt hearing or negotiate a resolution with the board.
Without counsel, it’s easy to miss critical deadlines or filing requirements, which can leave the suspension in place for months.
Protect Your License and Your Career
If you’ve received notice of a summary suspension—or fear one is imminent—contact an attorney immediately. Acting quickly can mean the difference between being out of work for months and continuing to practice while your case is heard.
This is not legal advice. If you do need legal representation call the office at: 919-616-3317