Since we get a lot of questions every month about licensing issues, we’ve created a frequently asked question series. This is part two in the frequently asked questions series. This week’s question is do I have to speak with an investigator from a North Carolina board or state agency if a complaint is ongoing? The answer, as discussed below, really depends.
Some boards or agencies require full cooperation. Some boards or agencies are kind of in the middle. So it really is board and agency specific. Some of those that don’t have a requirement for cooperation are the nursing board, for example. Cooperation with a NC Board of Nursing investigator is fully optional. There are a couple things that are nuanced that may be beneficial for you to cooperate with an investigation by a board or state agency. Other times you may just want to abstain from making any statements or providing any information, if that is an option.
The boards/agencies that require full cooperation with an investigation into an ethical complaint against a licensee may require a written statement, that you have to talk with an investigator, and/or that you provide certain documentation. Some boards/agencies are specific about what level of cooperation is expected of the licensee, while others leave a little bit up to interpretation. If a board/agency’s administrative code or general statute says “fully cooperate with an investigation” then at some point you’re going to have to talk with the investigator and it’s always best to get an attorney.
If you hire an attorney, make sure that they’re aware of an investigator reaching out to you so they can do a letter of representation. And if you do have to agree to sit down with the investigator, make sure your attorney’s aware of it, have them kind of do all the interview scheduling and things like that so everybody’s on the same page.
If you have any questions regarding a professional license investigation, or any other professional license matter, please do not hesitate to call North State Law at 919-521-8810. Our YouTube channel has a number of informative videos and can be found here and our website has a number of helpful blogs and can be found here.
*Nothing in this blog is to be considered legal advice and this blog does not establish an attorney-client relationship