If your denial is recent (60 days), you can file an appeal of the Board's decision to the NC Office of Administrative Hearings (OAH).
However, your case will most likely be dismissed for lack of jurisdiction.
https://www.oah.nc.gov/form-h-06-general-petition-form
The cost is $20. (as of 2025)
Be prepared to show how the board failed in its ministerial duties. This is not about the vet; it is about what the board did wrong. You will need to prove they acted in an arbitrary and capricious manner, in violation of N.C.G.S. § 150B-23.
Even if your case is dismissed without trial, it creates a public record of dissatisfaction with the NCVMB.
What to expect:
1. You file online and pay $20.
2. You mail a copy of the filed complaint to the board. The intitial complaint must be snail mail. Email or the OAH portal is okay once the intial copy is filed.
3. The judge requests a prehearing statement. This can be filed online. You mail a copy to the board.
4. The board will file for dismissal. Their reasons will be lack of standing and lack of jurisdiction.
5. You write your reply and explain why this is a 3 case and not 3A. You mail a copy to the board.
6. The judge may schedule a remote hearing. You show up and read your explaination of why this is a 3, not a 3A.
7. The judge will most likely rule it falls under 3A and dismiss your case.
Tips:
You can look up past OAH cases here: https://www.oah.nc.gov/hearings-division/alj-decisions
search for "North Carolina Veterinary Medical Board" as Respondent
Here is an example: Ava Rose Louis Petitioner, v. NCVMB regarding Dr. Cynthia Anne Kimbrell, DVM, a licensee of the Respondent, of the Mid State Equine Hospital in Liberty, North Carolina
Using the OAH to Challenge a Licensing Board
Many people think the Office of Administrative Hearings (OAH) can automatically provide a path to challenge a licensing board’s decisions. Unfortunately, the reality is more complicated. Here’s what you need to know before filing a contested case.
1. Understand the Jurisdictional Limits
Article 3 vs. Article 3A:
Article 3 allows a “person aggrieved” to bring a contested case against an agency for actions that substantially prejudice their legal rights.
Article 3A governs disciplinary actions against licensees by occupational boards (like veterinary, psychology, or medical boards). OAH usually cannot hear cases under Article 3A unless the board itself requests an administrative law judge.
If your dispute involves a board investigating someone else (like a licensee) and you’re not the subject of the investigation, the OAH likely does not have jurisdiction.
2. Standing Matters More Than You Think
Courts and administrative law judges focus on whether you are a “person aggrieved”—meaning your legal rights, property, or employment are substantially affected by the agency’s action.
Procedural dissatisfaction alone (disagreeing with a board decision) usually does not create standing.
If you are not the licensee and the board hasn’t harmed your legal rights, the case will likely be dismissed for lack of jurisdiction. Your argument must tie directly to a statutory or procedural right that was violated, and will still most likely be dismissed.
Legal Disclaimer: I am not a lawyer. This information is for educational purposes only and should not be taken as legal advice. Use of this information does not create an attorney-client relationship.