Professional Licensing Appeal - North Carolina

PETITION FOR JUDICIAL REVIEW OF NORTH CAROLINA LICENSING DECISION

Route check before filing. Use this petition only for a final contested-case decision reviewable under Article 4 of Chapter 150B. An occupational licensing board within N.C. Gen. Stat. § 93B-1(2) generally proceeds under Article 3A (§ 150B-38(a)(1)); an ALJ assigned under § 150B-40(e) issues a proposal, and the agency issues the final decision under § 150B-42. For an agency subject to Article 3 instead, the ALJ issues the final decision under § 150B-34. Confirm the actual board, any governing profession-specific review statute, administrative exhaustion, and the decision that is final before selecting a route (§ 150B-43). Select one route below.

Section 150B-45(a) generally requires filing in superior court within 30 days after service of the written final decision; it also allows the court to accept an untimely petition for good cause shown. For a non-tax decision, § 150B-45(b)(2) places venue in the county where the aggrieved person resides, or, for an out-of-state resident, the county where the contested case was filed. Under § 150B-46, serve every party of record to the administrative proceeding by personal service or certified mail within 10 days after filing. Complete the actual service record below.

STATE OF NORTH CAROLINA
[COUNTY] COUNTY
IN THE GENERAL COURT OF JUSTICE — SUPERIOR COURT DIVISION
File No.: [assigned by clerk]

[PETITIONER NAME], Petitioner,
v.
[AGENCY OR LICENSING BOARD NAME], Respondent.

Petition for judicial review

Petitioner asks for judicial review under N.C. Gen. Stat. §§ 150B-43 and 150B-45 through 150B-51, and states:

1. Parties and decision. Petitioner is [name, address, license or application identifier, and relationship to case]. Respondent is [legal name and address]. The final decision reviewed is [title, issuing decisionmaker, date, case number], attached as Exhibit A. Other parties of record are [names and addresses or attached schedule].
2. Review route. Select and complete one:
   - ☐ Article 3A: Respondent is an occupational licensing board under §§ 93B-1(2) and 150B-38(a)(1), or another agency expressly covered by Article 3A: [specific basis]. The hearing was conducted by ☐ the agency ☐ an assigned ALJ under § 150B-40(e). Any ALJ proposal was issued [date]; the agency's written final decision under § 150B-42 was issued [date].
   - ☐ Article 3: The contested case was filed with the Office of Administrative Hearings on [date], case [number], and the ALJ's final decision under § 150B-34 was issued [date]. The agency is subject to that Article for this dispute because [specific basis].
3. Finality, exhaustion, and alternative statute. Petitioner was a party or person aggrieved by this final decision. The available administrative remedies under [identified statute/rule] have been exhausted by [steps and dates]. No other statute provides an adequate judicial-review procedure governing this decision, or explain the governing alternative and conform this petition to it: [details]. See § 150B-43.
4. Service, filing, and venue. The written final decision was served on Petitioner on [date, method, evidence]. This petition is filed on [date]. Petitioner resides in [county], North Carolina, so that county is the venue under § 150B-45(b)(2); or, Petitioner resides outside North Carolina and the contested case was filed in [county], North Carolina, so that county is the venue. [If filed later than 30 days, state the specific good cause supporting acceptance under § 150B-45(a).]
5. Relevant record and substantial prejudice. The agency or ALJ found [quote or pinpoint finding]. The material contrary or omitted record is [exhibit/transcript pinpoint]. The decision substantially prejudices Petitioner's rights by [specific effect on license, application, or other right]. The following exceptions identify each challenged decision or procedure and its record basis, as § 150B-46 requires.
6. Exception 1 — [specific finding, conclusion, or procedure]. [State what occurred, the record page or exhibit, the governing statutory/rule text, the error, and how it affected the result.] Ground under § 150B-51(b): ☐ constitutional violation (1) ☐ excess of authority (2) ☐ unlawful procedure (3) ☐ other error of law (4) ☐ lack of substantial evidence in the whole record (5) ☐ arbitrary/capricious or abuse of discretion (6).
7. Exception 2 — [if applicable]. [State the same facts, pinpoint, legal ground, prejudice, and requested correction.] Ground under § 150B-51(b): [subdivision].
8. Further exceptions — [if applicable]. [Continue in numbered paragraphs; identify each decision or procedural exception explicitly.]

Requested relief. Petitioner asks the Court to review the final decision and official record; ☐ reverse ☐ modify ☐ remand the decision under § 150B-51(b) for the specific reasons above; and [state the precise order sought]. Petitioner requests any other relief supported by the identified law and record. A stay, if sought, requires a separate application to the reviewing court under § 150B-48 and is subject to Rule 65; filing this petition alone does not stay the decision. If qualifying additional evidence is needed, request a § 150B-49 remand with a showing that it is material, noncumulative, and could not reasonably have been presented at the administrative hearing.

Date: [date]

Signature: ______________________________
Printed name: [name]
Capacity: ☐ Petitioner ☐ Attorney for Petitioner, N.C. State Bar No. [number]
Mailing address: [address]
Telephone / email: [contact]

Certificate of service

I certify that, within 10 days after this petition was filed on [date], I served a copy by ☐ personal service ☐ certified mail on each party of record to the administrative proceeding, as follows:

The complete party list is ☐ above ☐ attached. Date: [date]. Signature: ______________________________