FDPD - Drug Program - FBI

Notice of Federal Background Check Required

The North Carolina Department of Agriculture and Consumer Services, Food and Drug Protection Division, requires applicants of Wholesale Prescription Drug Distributors to obtain and submit a federal background check report with the license application. The Food and Drug Protection Division will consider the following factors when reviewing any criminal convictions:

(1) The level and seriousness of the crime;
(2) The date of the crime;
(3) The age of the applicant at the time of the crime;
(4) The circumstances surrounding the commission of the crime, if known;
(5) The nexus between the criminal conduct and the prospective duties of the applicant as a licensee;
(6) The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed;
(6a) The completion of, or active participation in, rehabilitative drug or alcohol treatment;
(6b) A Certificate of Relief granted pursuant to N.C. Gen. Stat. § 15A-173.2;
(7) The subsequent commission of a crime by the applicant; and
(8) Any affidavits or other written documents, including character references.

If the Food and Drug Protection Division denies a license application based on a criminal conviction, the applicant may appeal the denial in accordance with the North Carolina Administrative Procedures Act, N.C. Gen. Stat. § 150B-1 et seq. The applicant may commence the denial by filing a petition for a contested case hearing with the North Carolina Office of Administrative Hearings (OAH) within sixty (60) days at:

Office of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6700

The petition must be in writing and in the form prescribed by N.C. Gen. Stat. § 150B-23 and accompanied by a filing fee established by OAH. The applicant must also serve a copy of the petition for a contested case hearing to:

Ms. Tina L. Hlabse
North Carolina Department of Agriculture and Consumer Services
Registered Agent and General Counsel
1001 Mail Service Center
Raleigh, NC 27699-1001

Any questions about filing a petition may be directed to the North Carolina Office of Administrative Hearings by telephone at (919) 431-3000. Information may also be obtained online at https://www.oah.nc.gov/hearings-division.