§ 150B-3. Special provisions on licensing.
§ 150B‑3. Specialprovisions on licensing.
(a) When an applicant or a licensee makes a timely andsufficient application for issuance or renewal of a license or occupationallicense, including the payment of any required license fee, the existinglicense or occupational license does not expire until a decision on theapplication is finally made by the agency, and if the application is denied orthe terms of the new license or occupational license are limited, until thelast day for applying for judicial review of the agency order. This subsectiondoes not affect agency action summarily suspending a license or occupationallicense under subsections (b) and (c) of this section.
(b) Before the commencement of proceedings for the suspension,revocation, annulment, withdrawal, recall, cancellation, or amendment of anylicense other than an occupational license, the agency shall give notice to thelicensee, pursuant to the provisions of G.S. 150B‑23. Before thecommencement of such proceedings involving an occupational license, the agencyshall give notice pursuant to the provisions of G.S. 150B‑38. In eithercase, the licensee shall be given an opportunity to show compliance with alllawful requirements for retention of the license or occupational license.
(c) If the agency finds that the public health, safety, orwelfare requires emergency action and incorporates this finding in its order,summary suspension of a license or occupational license may be orderedeffective on the date specified in the order or on service of the certifiedcopy of the order at the last known address of the licensee, whichever islater, and effective during the proceedings. The proceedings shall be promptlycommenced and determined.
Nothing in this subsection shall be construed as amending or repealingany special statutes, in effect prior to February 1, 1976, which provide forthe summary suspension of a license.
(d) This section does not apply to the following:
(1) Revocations of occupational licenses based solely on a courtorder of child support delinquency or a Department of Health and Human Servicesdetermination of child support delinquency issued pursuant to G.S. 110‑142,110‑142.1, or 110‑142.2.
(2) Refusal to renew an occupational license pursuant to G.S. 87‑10.1,87‑22.2, 87‑44.2, or 89C‑18.1, based solely on a Departmentof Revenue determination that the licensee owes a delinquent income tax debt. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1995, c.538, s. 2(i); 1997‑443, s. 11A.118(a); 1998‑162, s. 8.)