Professional License Lawyer in North Carolina

 What is a Predetermination Letter in North Carolina Professional Licensing?

 What is a Predetermination Letter in North Carolina Professional Licensing?

Today, we’re going to talk a little bit about what is a Predetermination Letter in regards to professional licensing in the great state of North Carolina.
So let’s say that you have a little bit of a criminal history in your background, and you’re not a hundred percent sure how your potential licensing agency or licensing board is going to look at that when you submit an application.

All the licensing agencies and licensing boards pursuant to North Carolina General Statute 93B are allowed to accept a predetermination request from a potential licensee applicant. And what that essentially is, is a potential licensee, assuming they meet all the other requirements, or frankly, even if they don’t, they just want to see if they would have an issue with their criminal background in regards to whether or not they would be accepted by the potential licensing board or licensing agency can submit that request for a predetermination as to whether or not their background would prohibit them from being issued a license, assuming all the other requirements eventually were met.

Now, once somebody submits their request for a predetermination letter with the licensing board or licensing entity, that licensing board or entity has to provide a response back to them with an answer within 45 days of the request.
If somebody wants to go ahead and go the predetermination letter route and request that, that’s perfectly fine. That’s usually only going to be an option if you have something that is questionable in your background. There’s a list of factors in that NC General Statute 93B that I had mentioned that the licensing entity has to go by in order to come up with a determination as to whether or not the licensee would likely be denied the license or likely be approved for the license.
Whatever the decision is, that’s not the end of the road. If the decision is a denial, the licensee still can apply, go through the process. If they’re accepted, great. If they’re not, then they would have the opportunity for a hearing.
If the licensee is accepted via the predetermination letter and they say the background is not an issue, then the background wouldn’t be an issue at that point. Now you still have to go through the rest of the application process and they got to check to make sure that you have all the other qualifications that are required for whatever license you’re getting. But as regards to the background, if you get the predetermination letter and it comes back approved and your criminal background history is not an impediment to them issuing you a license, then it’s not an impediment for them issuing the license. You just got to make sure that you meet all their other requirements and then you should be fine at that point.
So there is some value in doing it, especially if you’re not a hundred percent sure if what you’ve been charged with or convicted of in the past is going to prohibit you from being licensed. So that’s a very useful tool.

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