What to Do When You Receive a Notice of Intent to Deny Your License: Timeline, Rights, and Agency-Specific Strategies

Applying for a professional license is an intricate process that requires attention to detail.  You must carefully prepare your application and materials to ensure efficient issuance of your license.  When issues and insufficiencies occur the agency will issue a Notice of Intent to Deny (NOID).  Receiving a NOID can be alarming but it’s not the agency’s final decision.  You can and should prepare a response. Regardless of the state agency, understanding your rights in the application process and what you do to respond are critical. Each agency follows slightly different procedures that are based on the Florida Administrative Procedures Act.  Your response strategy should reflect those differences. This post breaks down the timeline, your legal options, and how to navigate the process depending on which agency issued the notice, so you can protect your career and move forward with confidence.

What Is a Notice of Intent to Deny (NOID)?

A Notice of Intent to Deny (NOID) is the formal notice from a Florida licensing agency that notifies the applicant of the preliminary decision to deny an application for a professional license. The notice outlines the basis for the denial and provides the applicant with an opportunity to respond before the decision becomes final.

The NOID is a device common across Florida’s licensing agencies.  Department of Business and Professional Regulation (DBPR) uses them to communicate agency licensing determinations on licenses for professions such as contractors, real estate agents, community association managers (CAMs), and accountants. DBPR commonly issues NOIDs for incomplete applications, failure to meet educational or experience requirements, or disciplinary history in another jurisdiction.  

The Department of Health (DOH) regulates healthcare professionals including nurses, physicians, pharmacists, and therapists. DOH issues NOIDs for issues like a criminal background issue, prior license discipline, substance abuse concerns, or discrepancies in education or training credentials.

DBPR focuses on evaluating regulatory compliance and documentation, whereas DOH may emphasize ensuring public safety and professional conduct. Understanding the issuing agency’s priorities is key to crafting an effective response and respond you must.

Timeline and Deadlines to Respond to a NOID

The clock to respond starts when you receive your NOID.  Florida Licensing agencies must provide an applicant with 21 days to respond. Responding within the deadline is critical because a failure to do so can result in an automatic denial of your license application and the forfeiture of your right to challenge the decision.  This forfeiture includes the right to challenge situations that could have been remedied with a simple explanation.

DBPR issues applicants the NOID and some divisions will provide you with an Election of Rights (EOR) form. You must complete the EOR form and return it to the agency within the specified timeframe to indicate whether you want to select a formal hearing, an informal hearing, or to waive your rights and accept the denial by the agency.  Ultimately, if you remain silent the license denial will become permanent, and you will not receive your license. Most of DBPR’s divisions allow informal resolutions through written submissions or negotiation, but these submissions will only be considered if they are received on time.

For DOH applicants, the process is more formal. The NOID will include an Election of Rights form, but DOH cases frequently proceed to a formal hearing before the Division of Administrative Hearings (DOAH). If you fail to respond within the deadline, DOH may enter a final order of denial without further input from you.

Steps to Take When You Receive a NOID:

• Read the notice and note the response deadline.   The 21-day countdown starts on the day you receive the NOID.
• Gather supporting documentation
• Consult legal counsel early to ensure your response is timely and strategic.
• Respond to the NOID using the designated format preferred by the agency to ensure proper processing of your application.  Methods vary so pay close attention to the NOID and how it requests the response (email, mail, or online portal, depending on the agency).

Time is of the essence when you receive a NOID.  You must respond within 21 days and failure to do so may result in the denial of your license.  

Your Rights After Receiving a NOID

A Notice of Intent to Deny is just that a notice of agency intent.  It is not a final determination, and you cannot treat it as one.  Contacting an attorney should be an initial step in the process.  These rights provide a roadmap for your response.

1. Right to a Hearing – You have the right to request a hearing under Florida’s Administrative Procedure Act, either an Informal Hearing before a Board/hearing officer or a formal hearing before the Division of Administrative Hearings (DOAH).

2. Right to Legal Representation – You are entitled to hire an attorney to represent you during any stage of the process. Legal counsel can interpret the NOID, prepare your response, and advocate for your license during hearings or negotiations with the agency.

3. Right to Submit Additional Evidence – Update your application with documents, affidavits, or corrections to address the issues raised by the NOID. This can include:

• Updated application materials
• Character references
• Rehabilitation records (if applicable)
• Proof of compliance with licensing requirements

4. Right to Appeal – If the agency issues a final denial after your response or hearing, you may appeal the decision to a Florida District Court of Appeal. This is a formal legal process and requires an attorney.

5. Right to Withdraw and Reapply – DBPR may offer the option for you to withdraw your application and reapply later with a stronger submission. This option may be strategic if the denial is based on correctable deficiencies.

Understanding and exercising these rights promptly is essential. The NOID is not a final decision.  It is an opportunity to respond, clarify, and advocate for your professional future.

Responding to a NOID: DBPR vs. DOH: Formality is the Difference

Responding to a NOID from DBPR is frequently an informal process.  Once the NOID is received, the applicant may update their licensing file to address any cited deficiencies.  This can include explaining arrests or other issues that occur during the pendency of the application.  Do not make the mistake of failing to address these issues as it can turn a nonfatal problem into a denial.  An attorney can be an important part of helping collect the right information and properly frame any explanation supplied to the agency.  DBPR’s NOID process is reflective of the agency’s focus on regulatory compliance and current business practices.

Responding to an agency like DOH is more formal.  DOH’s Division of Medical Quality Assurance (MQA) handles health license denials on behalf of the agency.  DOH focuses on more sensitive issues relating to patient complaints about healthcare providers and other public health risks.  Many DOH denials end up in hearings unlike DBPR.  

Proper Election of Rights is more important with DOH agency.  Informal hearings require admitting certain allegations and can limit your defenses.  However, informal hearings are less costly in terms of legal representation and involve presenting mitigation to limit any potential penalties.  Selecting a formal hearing to dispute the NOID will result in a hearing similar to a trial in which both sides present evidence.  These bench trials are costly in terms of representation but are necessary to resolve more complex issues.

Protecting Your Professional License After a NOID

DO NOT LET A NOID DERAIL YOUR PROFESSIONAL GOALS.  A Notice of Intent to Deny is simply a notice.  Remember you still have options.  Read the Notice.  Contact an attorney like the specialists at Jimerson Birr.  Start collecting your responsive information.  You must take the initiative.