Professional License Lawyer in North Carolina

How do I appeal a revocation of my child care license in North Carolina?

How do I appeal a revocation of my child care license in North Carolina?

A revocation of a child care license may be recommended by the DCDEE if there are allegations of willful, continual, or hazardous violations of any section of the child care statutes or requirements or if there are allegations that a licensee has not made reasonable efforts to comply with child care requirements. [10A NCAC 09 .2209]. However, you can appeal a revocation of your child care license through a few steps.

Notices of Administrative Action

First, if a license revocation has been recommended, you will receive a Prior Notice of Administrative Action, which you then must send a written notification of the action to all parents of currently enrolled children and post a copy of the notice in your facility. Once you receive this notice, you have 15 days to submit a written response to the Division for review. This response should include why the revocation should not be taken and how you have come into and plan to maintain compliance, and you may include additional supporting documents. After the Division receives your response, they will review the information and determine whether the action should go forward as proposed, be changed, or withdrawn. [10 NCAC 09 .2201(d)]. However, if you choose not to submit a written response, the Division will proceed with the action specified in the letter of Prior Notice.
If the Division reviews your written response and decides to proceed or if you do not submit a response, the Division will send a Final Notice of Administrative Action, explaining that the Division has taken administrative action against you. After receiving the Final Notice, you have 30 days to appeal the action with the Office of Administrative Hearings by submitting a Petition for a Contested Case. [NC § 150B-23].
You also have the option to request an informal meeting with the Licensing Enforcement Unit of the Division to try to settle your case. [NC § 150B-22(a)]. The informal meeting will give you a chance to talk with the Division about why you think the revocation should be changed or removed from your record. To request this meeting, you must contact the Licensing Enforcement Unit, and they will send you a form to complete. On this form, you will describe what outcome to hope to achieve and any new information you wish to present. Once you have completed and returned the form, the Division will schedule the meeting as soon as possible, and Division staff, including the regional manager and supervisor for your area, will attend the meeting. A decision regarding the revocation will not be made at the informal meeting, but you will receive a written notification regarding the outcome of the meeting a few days later. It is important to note that requesting an informal meeting does not extend the 30 days allowed to appeal the revocation with the OAH.

Contested Case

If the dispute cannot be resolved with informal measures, you have the right to an administrative hearing and judicial review, according to NC § 150B-3. To exercise this right, you must file a Petition for a Contested Case, and this petition is filed with the OAH, not the Division. Once the appeal has been filed, OAH will notify the Division that you have requested a Contested Case Hearing.  OAH will then set a hearing date and assign an Administrative Law Judge to your case. You and the Division will be able to file pre-hearing statements, which consist of preliminary information regarding the case, what issues are to be heard, and any witnesses you expect to be present at the hearing. You will receive a Notice of Hearing from the OAH at least 15 days before the hearing.
After filing your petition, the Chief Administrative Law Judge may order a mediated settlement conference before the contested case hearing. The Division and their attorneys as well as you and your attorney, if you choose to hire one, are required to attend this settlement conference unless excused by the judge. If a resolution is not reached in this conference, you can still continue with the hearing.

Final Decision

After the hearing on your revocation is conducted, the judge may request that one or both parties prepare a recommended decision. After the closing of the hearing record, the judge then has 45 calendar days to issue a Final Recommended decision to the Division director, who is the final agency decision-maker for all contested cases. When the OAH sends the official hearing record and Recommended Decision for the Final Agency Decision, you will also receive a copy of the judge’s recommended decision. If you do not agree with the judge’s decision, you are then allowed to file an exception with the Division director. The director has 60 days to issue the Final Agency Decision or to request an additional 60 days to prepare the Final Agency Decision on your revocation.
Finally, you will receive the Final Agency Decision. If the revocation is upheld and you want to appeal it again, you can appeal this decision by requesting a judicial review in the Superior Court in your county. However, if you choose not to appeal the decision, you must accept the administrative action and complete any necessary steps to comply with the action.

Nothing in this blog post is legal advice or establishes the attorney-client relationship.  This is for informational purposes only.  If you’d like to learn more about professional licensing issues in North Carolina check out our site at or our YouTube site here919-521-8810 is the direct line to North State Law.