What to Do When You Receive a Notice of Hearing from Your North Carolina Licensing Board
Receiving a Notice of Hearing from your professional licensing board can be intimidating. Whether you’re a nurse, physician, real estate broker, or another licensed professional, that notice isn’t just paperwork — it’s a formal legal step that can affect your livelihood.
Before you do anything else, you should review the notice carefully and check it for compliance with Chapter 150B of the North Carolina General Statutes—specifically, § 150B-38(b). Many Boards expect strict compliance from licensees, but they don’t always follow their own procedural requirements. Recognizing when that happens can make all the difference in protecting your license and your due process rights.
Understanding Chapter 150B and Why It Matters
Chapter 150B—known as the North Carolina Administrative Procedure Act (APA)—sets the procedural ground rules that state agencies and professional licensing boards must follow when disciplining licensees. It governs everything from rulemaking to contested case hearings and appeals.
The purpose of Chapter 150B is to ensure that all agency decisions are consistent, transparent, and fair. In a contested case, which includes disciplinary actions against licensees, the Board must strictly follow the APA’s procedural safeguards. When they don’t, it can lead to reversible error or give your attorney leverage in negotiating the outcome.
What § 150B-38(b) Requires
Under N.C. Gen. Stat. § 150B-38(b), before any agency can take action in a contested case, it must provide the licensee with notice at least 15 days before the hearing. The statute is clear: the notice must include all of the following:
The date, hour, place, and nature of the hearing.
A reference to the particular statutes and rules involved.
A short and plain statement of the facts alleged.
These are not optional details — they are statutory requirements. Each one protects your constitutional right to due process by ensuring that you know what the allegations are, which rules apply, and when and where to appear.
Common Mistakes Boards Make in Hearing Notices
In practice, some licensing boards issue notices that fail to meet these statutory standards. For example:
The notice may not specify the exact rule or statute allegedly violated.
The “statement of facts” may be vague or conclusory, leaving the licensee guessing about what conduct is at issue.
The service of notice may arrive less than 15 days before the hearing, violating the timing requirement.
These oversights can seem minor, but in an administrative proceeding, procedural defects can have real consequences. A Board’s failure to comply with § 150B-38(b) could be raised as an appealable issue, particularly if the Board’s decision is later challenged in superior court under Article 4 of Chapter 150B. Even short of appeal, procedural flaws may provide your attorney with valuable leverage to negotiate a more favorable resolution.
The Importance of Rulemaking Under Article 4
A deeper issue arises when a Board attempts to conduct hearings without properly adopted rules. Under Article 4 of Chapter 150B, agencies must formally adopt rules through the state’s rulemaking process if those rules are to have legal effect.
If a Board has not properly enacted its hearing procedures under Article 4, it may be acting without lawful authority when applying those rules in disciplinary cases. This can become a serious appealable issue. For instance, if the Board’s internal “hearing procedures” were never submitted and approved under the rulemaking requirements of Chapter 150B, any resulting disciplinary action may be subject to judicial review and potential reversal.
This underscores the importance of having an attorney who understands not only your profession but also the administrative law framework that governs Board actions. Licensing cases are not simply about the facts—they’re also about whether the Board followed the law.
How to Protect Your Due Process Rights
If you receive a Notice of Hearing from your North Carolina licensing board, here are the steps you should take immediately:
Read the notice carefully. Check that it includes all the elements required under § 150B-38(b).
Note the timeline. You should receive the notice at least 15 days before the scheduled hearing.
Identify the statutes and rules cited. Confirm that the alleged violations are clearly referenced.
Contact an attorney experienced in licensing and administrative law.
Your attorney can review the notice for compliance, identify procedural errors, and communicate with the Board on your behalf.
If your Board failed to follow its own procedures, this can be raised as part of your defense or as a potential basis for appeal.
Remember: even if the Board has evidence supporting its allegations, procedural violations can undermine the fairness of the entire process. Administrative law is as much about how a case is handled as it is about what actually happened.
Final Thoughts
North Carolina’s administrative procedures are designed to protect licensees from arbitrary or unfair action. Yet, Boards don’t always follow those rules as carefully as they expect licensees to follow theirs.
If your Notice of Hearing doesn’t comply with § 150B-38(b) or if the Board appears to be applying rules that were never properly enacted under Article 4, those issues should not be ignored. They may provide important defenses or grounds for appeal.
When your professional license—and career—are on the line, make sure the Board plays by the same rules it enforces.
If you’ve received a Notice of Hearing or have concerns about how your Board is handling your case, contact Brooks Peterson PLLC to discuss your rights and options.
This is not legal advice. If you do need legal representation call the office at: 919-616-3317