The state of North Carolina allows garnishment for only a select few types of debts, taxes being one, and child support being another. The NC Board of Nursing’s position is to proceed with the process of suspending a license if CS payments are delinquent. The Board of Nursing has the authority to do so under NCGS 110-142.1.
Do I Have the Right to a Hearing to Regain My Nursing License?
Yes, the process can take some time and you’d be without your license for a little while. The NC Department of Health and Human Services must provide the Board of Nursing with a list of licensees that have not complied with child support orders. Within 20 days of receipt of the list, the BON must provide written notice to the licensee of their intent to revoke or suspend the licensee’s license or prohibit an applicant from receiving their license. This notice must be delivered by certified mail or personal service.
If service of the Board’s intention is timely and perfected, then the licensee must take action. Within 14 days of receiving the notice from the Board, the licensee must contact the designated representative with the Department of Health and Human Services (DHHS). The licensee must request a review from DHHS’ designated representative. After this, the representative shall notice the NC BON of the licensee’s request within 6 days. Once the NC BON is notified, they are required to stay any action (temporarily stop) revoking or suspending the individual’s license until further notice from DHHS’ representative.
Once the stay by the Board has been implemented, the licensee should work out a payment schedule to catch up on support arrears. This is done via a consent order entered with the court as part of an agreement with the other party and the representative. If a consent order is entered, then the Board is notified, and they will dismiss their pending suspension/revocation. If an agreement is not reached, or the licensee fails to abide by the agreement, then DHHS’ representative submits notice to the Board to immediately revoke or suspend the licensee’s license.
If DHHS’ representative notifies the Board to immediately revoke or suspend the licensee’s license, they must also notify the licensee, in writing, of three options. Those options are a judicial review of the designated representative’s decision, a judicial determination of compliance, or a modification of the support order. It is mandatory that the licensee filing a motion must comply with the rules of civil procedure and those motions and notices are subject to the limitations of NCGS 50-13.10.