15A NCAC 03O .0603      WVC CONDITIONS FOR NORTH CAROLINA RESIDENTS for failure to appear OR FAILURE TO comply IN ANOTHER WVC MEMBER STATE

(a)  North Carolina residents who commit a wildlife violation as defined by G.S. 113-300.6 in another WVC member state, who upon release on personal recognizance from the issuing state, fail to resolve the terms of his or her citation, shall have any licenses and permits for which the Division of Marine Fisheries has enforcement authority in North Carolina suspended pursuant to G.S. 113-300.7.

(b)  If the Division receives notice of an unresolved citation from a member state, a Notice of Suspension shall be prepared and sent to the wildlife violator as follows:

(1)           the notice shall be a letter sent by the U.S. Postal Service to the last known address of the wildlife violator or be delivered personally;

(2)           the notice of suspension shall identify the state from which the notice of an unresolved citation was issued and describe any details of the violation and procedures to resolve the suspension provided by the issuing state to the Division;

(3)           the notice shall provide the procedure for appealing to the issuing state the suspension; and

(4)           the suspension shall have a delayed effective date of at least 14 business days from the date of the mail used to send the notice of suspension to the wildlife violator, to allow the wildlife violator to contact the court in the issuing state and resolve the citation.

(c)  Any suspension received by the Division shall remain in effect until such time as the North Carolina resident resolves the violation in the issuing state.

(d)  When a North Carolina resident resolves a violation with the court in the issuing state, it is the responsibility of the resident to submit a copy of either the court judgment resolving the matter or a notice of compliance from the issuing state. Upon receipt, the Division shall rescind any suspension and return any licenses or permits relevant to the Notice of Suspension.

(e)  The issuing state shall be notified by the Division if the suspension order is overturned by the Office of Administrative Hearings.

 

History Note:        Authority G.S. 113-134; 113-300.7; 143B-289.52;

Eff. June 1, 2025.