Today’s blog is number three in our Frequently Asked Questions series. Third question is, do I have to cooperate with a North Carolina Licensing Board or state agency’s request for documentation? So, this is similar to number two in this series where I discussed cooperating with an investigator or having to speak with an investigator for a board or state agency.
Having to provide documentation to a licensing board or state agency really depends on the licensing board or state agency. Some boards or agencies will have it in their administrative code or general statutes where it requires full cooperation. That would include producing specific documentation or documentation in general as requested of you.
Now, if you get to a particular situation where you have requested a contested hearing. For instance, you’ve gone through the initial investigation process, the board or agency conveys a recommendation to you and you don’t like the recommendation and you request a contested hearing, that kind of changes things because then you get more into the discovery process and the rules of civil procedure apply. Some administrative codes will apply to that as well and depending on what route that you go or the board goes, you may be required to produce documentation because they may request it formally or they may request it informally and then request it formally. Not to get in the weeds too much on that, but once there’s a contested case hearing that’s been requested and has been filed, that changes things prior to that while the investigation’s just ongoing.
Prior to the request for a hearing, the issue of whether or not a licensee has to produce documentation really goes by the administrative code and statutes by the specific board and state agency. I have a number of videos on my Youtube channel, here, that talk about the different agencies and boards and their requirements in this vein. We have about 20 videos regarding specific board and agency requirements on Youtube right now.
*Nothing in this blog establishes an attorney-client relationship. Nothing in this blog is legal advice. If you have any questions, please check out our other blogs and our Youtube channel. You can also call us at 919-521-8810 with questions.