13 N.C.A.C. § 13 NCAC 16 .0501 APPEALING NON-ISSUANCE OF A MIGRANT HOUSING CERTIFICATE
North Carolina Administrative Code Title 13 Chapter 16 — Migrant Housing
Operative Text
An operator who is denied a migrant housing certificate requested pursuant to G.S. 95-226 may, within 15 days of the denial, request that the Commissioner, or his designee, review the decision. The Commissioner's decision may be appealed in accordance with Article 3 of G.S. 150B.
Under 13 N.C.A.C. 16 .0501, when a migrant housing operator is denied a certificate required under G.S. 95-226, the operator has a 15-day window from the date of denial to request an internal review by the Commissioner of Labor or the Commissioner's designee. If the Commissioner's review still results in an unfavorable outcome, the operator may pursue a further appeal through the Administrative Procedure Act process set out in Article 3 of G.S. 150B. This provision establishes a two-step administrative appeal pathway for certificate denials.
Plain English — not legal advice.
Operators of migrant housing who receive a denial of their certificate under G.S. 95-226 should be aware that 13 N.C.A.C. 16 .0501 sets a strict 15-day deadline to request Commissioner-level review — missing that window could foreclose the administrative appeal option. Compliant operators generally track denial dates carefully and submit timely written review requests to the Commissioner or the Commissioner's designee. If the Commissioner's decision remains adverse, operators typically pursue further appeal under the procedures outlined in Article 3 of G.S. 150B, which governs contested case hearings before the Office of Administrative Hearings.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
While 13 N.C.A.C. 16 .0501 primarily governs the rights of housing operators to appeal a certificate denial, migrant workers housed in facilities subject to G.S. 95-226 may have an indirect interest in whether a valid certificate is in place. Tenants or advocates who believe a facility is operating without a required certificate can contact the North Carolina Department of Labor, which oversees the migrant housing certification program. Tenant-rights organizations and legal aid groups familiar with agricultural worker housing can help individuals understand what options may be available when housing does not meet certification requirements.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 8, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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