If your denial is recent (60 days), you can appeal the Board's decision to the NC Office of Administrative Hearings (OAH). They have the power to overrule the Board if the Board failed to follow state law.
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, which IMO, is worth $20.
Prepare your complaint:
1. Gather your evidence. Remember, you are filing a complaint against the board, not against the veterinarian, so focus on that.
2. Request a copy of your all-inclusive record from the board. Compare it to the evidence you submitted. Was everything included or did they leave things out?
3. Does your complaint in your dismissal letter accurately reflect what your complaint was? Does the dismissal answer your complaint, or ignore it?
4. Did the board request all the necessary documents? In cases of suspected altered records, did they review the audit logs (meta data)?
5. Go here: https://www.ncvmb.org/content/laws/documents/Practice_Act-Rules-202411.pdf
6. Cite the regulations that the board ignored or failed to enforce.
7. Write your complaint.
8. Be sure and specify what relief you seek, ie, Reversal of Dismissal, Remand for Meaningful Investigation, etc.
If your OAH case is dismissed, you can appeal. Quote:
"Under the provisions of North Carolina General Statute § 150B-45, any party wishing to
appeal the final decision of the Administrative Law Judge must file a Petition for Judicial
Review in the Superior Court of the county where the person aggrieved by the
administrative decision resides, or in the case of a person residing outside the State, the
county where the contested case which resulted in the final decision was filed. The
appealing party must file the petition within 30 days after being served with a written copy
of the Administrative Law Judge’s Final Decision."
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
Utilize PDF OCR technology to transform static scans into fully searchable and editable text. (large documents may need to be broken into smaller sections)
https://www.adobe.com/acrobat/online/ocr-pdf.html
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.