North Carolina Administrative Law Attorney

Top Rated Administrative Lawyer in North Carolina

An area of law that goes naturally with professional license defense is administrative law. Administrative law concerns government agencies that are tasked with regulating and overseeing certain organizations and their employees, as well as the Office of Administrative Hearings’ actions. When you’re facing license issues, potential suspensions, or even potential revocations, a North Carolina administrative law attorney can help you with these matters.

Choose North State Law for Your Administrative Law Needs

State licensing boards are designed to regulate the people practicing under their jurisdiction, and the laws that govern their operations can be complex.

As of the fiscal year 2023-2024, there were 1,427,535 active occupational licenses in the Tar Heel State. With that many professionals practicing within their respective fields, issues are bound to occur. 

This is why it’s imperative that you work with a skilled administrative law attorney, like those at North State Law. At North State Law, our attorneys focus specifically on legal issues surrounding professional licenses and administrative law, giving us comprehensive experience and knowledge of the regulations and laws that govern professionals here in North Carolina. 

Professionals in other regulated fields may also need legal support with Medical License, Medical Board, Nurse Practitioner License, Nurse License, Pharmacist License, Physical Therapy License, Occupational Therapist License, Nursing Home Admin License, Chiropractic License, and Veterinarian License or Dental License matters.

Examples of Regulating Bodies

There are a wide range of regulatory bodies in North Carolina that dictate how different professionals must perform. We assist clients with matters concerning various regulatory bodies, including:

• Child and Adult Care Boards. The Department of Health and Human Services—Division of Health Services Regulation—Adult Care Licensure Section regulates adult care home licenses as well as adult care home workers. The Division of Child Development and Early Education regulates childcare licenses as well as childcare workers.

• Healthcare and Medical Boards. Our former clients include doctors facing reprimands from the North Carolina Medical Board, nurses who have run afoul of the NC Board of Nursing, and pharmacists with formal complaints against them to the NC Board of Pharmacy.

• Professional Services and Trades Regulatory Bodies. We have also helped contractors and tradesmen in a variety of fields, from GCs facing license suspensions from the NC Licensing Board for General Contractors to real estate agents who have been sanctioned by the NC Real Estate Commission and industry professionals impacted by complaints to the NC Board of Examiners for Engineers and Surveyors.

• Financial and State Agencies. We also handle cases related to the NC Department of Insurance and the NC Department of Revenue. 

These entities may take a variety of actions against the professionals practicing in their relevant fields. You may receive a letter of concern or a notice of charges or have your license placed under a summary suspension.

Defending against these issues requires taking a case-specific approach involving investigation, document collection and analysis, and witness interviews. We can assist with every aspect of your case. Similar concerns can arise with a CPA License, Real Estate Commission License Defense, Insurance License, Engineer License, Engineers & Land Surveyors License Defense or Legal License.

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Common Issues Professionals Face in North Carolina

Allegations that professionals commonly face in North Carolina include:

• Professional misconduct or negligence
• Substance use issues
• Criminal convictions
• Ethical violations
• Documentation irregularities
• Professional fraud
• Standard-of-care concerns

At North State Law, we have a deep understanding of the relevant administrative laws and how to leverage them to get our clients real results. Every professional board operates differently, with its own rules, regulations, and culture. The primary sources of authority governing professional boards in North Carolina include:

• The North Carolina Administrative Procedure Act. This Act governs how agencies are supposed to conduct their hearings, issue their findings, and enforce their disciplinary actions.
• Profession’s Practice Act. Each profession has a practice act in place that defines professional misconduct and unprofessional behavior.
• The Board’s Administrative Code. Each board has a different administrative code that provides detailed procedures regarding how matters are to be handled that are specific to the profession.
• The North Carolina Constitution. The NC State Constitution provides protections for due process, notice, and fairness. You may be able to leverage these protections in your administrative law case.

Understanding the various legal frameworks that affect these boards and how they intersect is essential to achieving success in your case.

Our firm focuses on administrative law issues so that we can devote all of our attention to protecting North Carolinians’ professional licenses.

How Licensing Boards Conduct Investigations

Every licensing board has a slightly different set of processes and procedures for investigating complaints, but they are all similar. These processes generally include:

1. A Complaint. This can be made by a patient, client, employer, or the board itself.
2. An Investigation. The board opens an investigation, often requesting documents or statements from the person being investigated.
3. Informal Interviews. An informal negotiation process is typically instigated in an effort to resolve the issue without the need for an administrative hearing.
4. Administrative Hearing. An administrative hearing may be requested by the person facing a complaint. This hearing is similar to a trial, though the rules of evidence and civil procedure are less formal.

Having an attorney on your side to help you with each step of this process is crucial. Our team understands what it takes to defend your professional license and has experience working with clients from diverse backgrounds.

The Appeals Process

If you lose your administrative law case at the level of the Office of Administrative Hearings (OAH), don’t give up hope. You are legally entitled to file an appeal for judicial review. This takes the administrative appeal into the Superior Court, allowing you to have your case heard by an Administrative Law Judge (ALJ). The process for filing an appeal is similar, regardless of what type of professional license you hold. You must:

1. File a Petition for Judicial Review. You have 30 days to file your petition. If you don’t take action within that time, you may lose the right to appeal. You must file the petition in the Superior Court of your county. It must contain your objections to the board’s decision or procedures and the relief you seek.
2. Present Evidence. Your ability to present new evidence to the Court of Appeals is limited. If the evidence could have been presented at the initial hearing, but it was not, you can’t present it upon appeal. If it could not have been presented and is material to the issues, you may be able to get the court to remand the matter back to the board so that the new evidence can be considered.
3. Wait for Court Ruling. The ALJ issues a decision as to what relief you may be entitled to. They could affirm the board’s decision, remand the matter back to the board, reverse the decision, or modify it. Decisions are only reversed or modified if the court decides that the board’s initial findings exceeded its authority, were unconstitutional, were impacted by an error of law, or were not substantiated by admissible evidence. 

The board’s decision may not be automatically stayed by filing an appeal. The disciplinary action ordered remains in place while your appeal moves forward unless you request an order that suspends its enforcement. Your attorney can help you with this process.

Even if you completed your initial hearing without the help of a North Carolina administrative lawyer, you should seek legal counsel before filing your appeal. You can call our office to schedule a consultation about General Contractor License, GC License Application Assistance, GC Intermediate/Unlimited License Assistance, Landscape Contractor License, HVAC License Application Assistance, Massage Therapy License Defense or GC Business Formation Service.

How Workers’ Compensation Coverage Fits Into Administrative Law

Certain workers’ compensation cases also fall under the umbrella of administrative law. For example, a business can face a monetary penalty implemented by the North Carolina Industrial Commission for not carrying adequate workers’ compensation coverage.

Whether you have a small business facing large fines from the Industrial Commission or own an adult care home whose license is at risk, we can help. Our team shares in-depth knowledge of local laws and how they may impact your professional career. 

Hire an Honest Administrative Law Attorney Today

We know how stressful it can be to have your livelihood threatened. If you need to hire an administrative law attorney to assist you with a licensing issue or another regulatory matter, you can turn to North State Law for help. Founded in 2019 by North Carolina Attorney Nicholas Dowgul, our firm’s primary practice area is administrative law. Contact our office to schedule an initial consultation regarding your administrative law case today.