When the Board Itself May Be Misconducting

If concerns involve the NCVMB’s conduct — not just a veterinarian — additional oversight bodies may be appropriate:

• State Auditor
  Report to the State Auditor because they are the independent authority tasked with investigating fraud, legal violations, and mismanagement, including public health and safety concerns, policy and ethics violations, and the misuse of public funds and resources.

• Legislative  Leaders
  The Legislature created the board and is the authority with the legal power to investigate its conduct, change its rules, or hold its leadership accountable. 

• State Ethics Commission
  For conflicts of interest, self-dealing, or ethical violations by Board members.

These entities exist to address institutional misconduct, not individual malpractice alone.

Why This Oversight Exists

Occupational licensing boards are granted significant power over the public. In exchange, they are required to:

• Enforce professional standards

• Protect consumers

• Operate transparently

• Follow the law exactly as written

When a board prioritizes professional protection over public safety, oversight mechanisms are not “extraordinary” — they are the system working as designed.

Legislative Oversight: Where Structural Accountability Lives

The North Carolina General Assembly oversees licensing boards primarily through the Joint Legislative Administrative Procedure Oversight Committee (APO).

By law, the NCVMB must:

• File annual reports and financial disclosures

• Comply with statutory mandates governing discipline, transparency, and enforcement

• Operate only within the authority granted by statute

 If the Board fails to comply, the legislature can:

• Order a performance or financial audit by the State Auditor

• Suspend the Board’s authority to spend money until compliance is restored

• Amend the law to restrict or clarify the Board’s powers

Legislative oversight is one of the most effective ways to address systemic failures, not just individual cases.

Rulemaking Oversight: Stopping Boards from Making Their Own “Law”

The NCVMB cannot create binding rules on its own.

Any new rule or policy interpretation must be reviewed by the Rules Review Commission (RRC), which evaluates whether:

• The Board has legal authority to adopt the rule

• The rule complies with statutory limits and procedural requirements

Members of the public may submit objections if a rule exceeds the Board’s authority or improperly shields licensees from accountability.

If the Board attempts to regulate by “policy,” “interpretation,” or informal practice rather than lawful rulemaking, that conduct can be challenged.

Judicial Review: Challenging Final Board Decisions

The North Carolina Veterinary Medical Board (NCVMB) is a state agency governed by the North Carolina Administrative Procedure Act (NCGS Chapter 150B). When the Board issues a final decision that is legally flawed, affected parties have the right to seek relief through the court system.

Grounds for Challenging Board Actions

Under NCGS § 150B-51, a Superior Court may intervene if the Board:

• Acts Arbitrarily or Inconsistently: Reaches a conclusion that lacks a rational basis or treats similar cases differently without justification.

• Commits an Error of Law: Misinterprets the statutes or rules it is sworn to uphold.

• Exceeds Statutory Authority: Acts outside the specific powers granted to it by the General Assembly.

• Follows Unlawful Procedure: Fails to follow the required legal steps or denies a party Due Process.

• Lacks Substantial Evidence: Issues a decision that is not supported by the "whole record" of evidence.

Seeking Redress in Superior Court

If the internal complaint and hearing process fails to produce a lawful result, the North Carolina APA allows for a Petition for Judicial Review.

A Superior Court Judge has the authority to reverse or remand Board actions that are:

• Arbitrary or Capricious

• Affected by Error of Law

• Unsupported by Evidence

• In Violation of Constitutional Provisions

Note: Judicial review serves as a vital check on agency power, ensuring that the NCVMB remains accountable to the law and the public it serves.

Board Members Are Appointed — and That Matters

 NCVMB members are not elected. They are appointed by:

• The Governor

• The Speaker of the House

• The President Pro Tempore of the Senate

• The Commissioner of Agriculture

Because board members serve by appointment, appointing officials can be contacted when the Board fails to enforce the law, demonstrates bias, or protects the profession at the expense of the public.

This is often one of the most direct ways to prompt leadership or policy changes.

Key Takeaway

If the NCVMB fails to enforce the law, ignores credible complaints, or exceeds its authority, the public is not powerless.

There are lawful, structured ways to:

• Escalate concerns beyond the Board itself

• Trigger audits, rule review, or judicial scrutiny

• Hold both the Board and its members accountable

Understanding these mechanisms is the first step toward meaningful accountability.