North State Law helps day care/child care facilities and family child care home providers facing licensing problems such as suspension or revocation. You can trust our North Carolina child care license defense lawyers to advocate for your interests and build a strong legal strategy that protects your rights.
If a facility or provider receives a complaint or a North Carolina childcare consultant visits and discovers something out of compliance with the law, facilities and providers can face penalties and possible license suspension or revocation.
N.C. General Statute Chapter 110, Article 7, gives the NC Division of Child Development and Early Education (DCDEE) the power of regulation. This means that in North Carolina, the DCDEE regulates licensing and compliance for childcare facilities and family childcare home providers.
When you’re facing potential issues that can impact your career in child care, it’s crucial to hire a child care license defense lawyer you can trust. Professionals in other regulated fields may also need legal support with Medical License, Medical Board, Nurse Practitioner License, Nurse License, or Dental License matters.
If you’re facing this type of situation, Nick Dowgul and North State Law may be able to help you protect your license and continue to provide child care in the future.
Dowgul has years of experience helping North Carolina professionals, including child care facilities and child care providers, protect their licenses so they can continue doing what they love and providing for their families. The firm’s license defense services also address Pharmacist License, Physical Therapy License, Occupational Therapist License, Nursing Home Admin License, Chiropractic License, and Veterinarian License matters.
There are more than 5,000 licensed child care providers in the Tar Heel State. If you receive a complaint or a child care consultant discovers an infraction on a visit, administrative steps must be taken to return to compliance with the state. An attorney can help you take those steps correctly and in a timely manner to avoid administrative errors and delays.
Your lawyer can also help you defend your license by helping you comply with the state agency that issued your violation, filing paperwork and adhering to deadlines, and representing you during proceedings.
While facing a license violation can be daunting, an experienced attorney can protect your rights and help you determine how to move forward during this difficult time. Similar concerns can arise with a CPA License, Real Estate Commission License Defense, Insurance License, or Legal License.
Regardless of how small your violation may seem, it’s always a wise choice to contact a lawyer familiar with child care license laws in North Carolina. They can advise you on how to move forward while protecting your license and interests. While minor violations may seem trivial, if they begin to add up, they can cause disruption and may lead to penalties, license suspension, or revocation.
If you’re a child care facility owner or a home provider, you know action can be taken if there is a pattern of violations or your compliance score slips below a threshold of 75% within 18 months.
While violations or complaints may seem small and you think you can handle it all on your own, we strongly encourage you to reach out for a consultation with an experienced North Carolina child care license defense attorney. Professionals in other industries may also need help with Engineer License matters or Engineers & Land Surveyors License Defense.
Factors considered in Administrative Actions are covered in the North Carolina Administrative Code of Child Care Rules under Rule .2201 and reads as follows:
(b) The Division shall consider the following factors when determining whether to issue an administrative action or what type of administrative action to be issued, including:
(1) the severity of the violation or incident;
(2) the probability of recurrence of the violation or incident;
(3) all prior administrative actions issued to the facility;
(4) all prior incidents where the Division has determined that abuse, neglect, or child maltreatment occurred at the facility;
(5) the operator’s response to the violation or incident, including actions taken to prevent recurrence, such as revision to facility policies and procedures or additional staff training;
(6) a self- report of the violation or incident was submitted to the Division by the operator; and
(7) information or records received from local, State, or federal agencies relevant to the violation or incident.
If you have questions about how these factors could be applied in your case, you should direct them to a lawyer. You can call our office to schedule a consultation about General Contractor License, GC License Application Assistance, GC Intermediate/Unlimited License Assistance, or GC Business Formation Service.
ASAP.
You should hire a child care license defense lawyer as soon as possible, as this allows them ample time to investigate the complaints, allegations, and violations against you. The larger the window of time, the more your lawyer can prepare. Other licensing matters may include Landscape Contractor License, HVAC License Application Assistance, and Massage Therapy License Defense.
With administrative law, and generally any legal discipline, there are many timelines and deadlines that one must meet to satisfy the regulating body. If a lawyer is hired quickly, it gives them time to build the game plan to satisfy those requirements and do it in a manner that has the backing of their own professional research and facts to prove your case.
Additionally, if you want to appeal the decision, you have to do so within 30 days from the mailing of the Notice of Administrative Action. For standard appeals, your facility can continue to operate during this time. However, if you are facing a Summary Suspension, your facility must remain closed unless an administrative law judge grants a stay. A lawyer can help you understand your options and how to comply with the law while you file your appeal.
Many different situations could lead to licensing troubles for child care facilities and providers in North Carolina. We have witnessed the following conditions the most often at North State Law.
Technical violations, such as lapses in documentation, can also result in administrative penalties. You still need to take them seriously, as these investigations become part of your DCDEE record.
If you’ve been accused of any of these violations, do not wait to talk to a lawyer from North State Law to learn how you should handle them.
When you receive a complaint about your child care facility or license in North Carolina, it is important to remain calm. While facing violations can be challenging, it does not mean your career is over.
As mentioned previously, speaking with a well-versed professional in child care administrative law is a wise choice anytime you face any licensing questions with your facility or provider care. You should contact an experienced attorney as soon as you receive a violation to make certain that you comply with all terms set by the agency in question. An attorney can also direct you on which steps to take next.
Next, you should begin collecting documents and other evidence that may demonstrate that the violation in question did not occur. It’s also important to gather evidence that shows your dedication to your facility or job.
From there, your lawyer can help you prepare for the various proceedings you may face. While some cases can result in minimal penalties, others can result in the revocation of licenses. An attorney from North State Law can guide you through every step of your case, protecting your rights and your future career along the way.
The DCDEE complaint and investigation process can be confusing, but you don’t need to go through this difficult time alone. You can work with a skilled attorney at every step. The process generally follows these stages:
The good news is that you have the right to submit evidence and consult with your lawyer throughout this process. You may also appeal a decision that you believe to be unfair.
You can appeal, or contest, the findings under NCGS 150B-23 by filing a Petition for a Contested Case with the North Carolina Office of Administrative Hearings. To be eligible to file an appeal, you must show that the agency:
If you contest the findings, you may be asked to attend an administrative hearing. Here’s what you can expect from this process:
At this point, the decision of the Administrative Law Judge is final, and you are not eligible to file further appeals. Many of these appeal cases can be resolved through settlement discussions without the need to move on to the hearing stage. Having an experienced attorney on your side to negotiate acceptable terms can make a large difference in the outcome of your case.
Under North Carolina General Statutes 110-102.2, the administrative penalties for violations of licensing requirements can include:
You could also face criminal penalties under certain circumstances, and civil penalties may be levied against you. Our team can help you better understand the potential penalties that may come with the specific violation you’re facing.
The fallout from an investigation can last beyond the initial inquiry. If you experience multiple administrative actions, it can directly threaten your facility’s Star Rating, negatively impacting your child care operation’s reputation and revenue.
DCDEE violations can also impact your facility’s ability to accept state subsidy funds. More specifically, a second violation within a two-year period can freeze new subsidized enrollments for a year. A third occurrence can lead to permanent ineligibility for the subsidy program.
If you want to avoid these escalating issues, you should hire a child care license defense lawyer to help you with your case as soon as you become aware of the violation.
If you are a child care facility owner or provider and you’re facing licensing issues and have questions, don’t hesitate to contact Nick Dowgul of North State Law today to discuss your child care license case. Founded in 2019, our firm has been practicing professional license defense law for years. We have what it takes to get you the results you need.
NC Division of Child Development and Early Education
Website
Physical Address:
333 East Six Forks Rd.
Raleigh, NC 27609
Mailing Address:
2201 Mail Service Center
Raleigh, NC 27699
Phone Number(919) 521-8810
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