SECTION .0400 ‑ ADMINISTRATIVE HEARINGS

 

15A NCAC 02K .0401       OPPORTUNITY FOR HEARING

An administrative hearing before the N.C. Office of Administrative Hearings shall be granted to any person:

(1)           whose application for dam construction, repair, alteration, or removal has been disapproved by the Director or has been approved by the Director subject to conditions which are unacceptable to the applicant pursuant to Rule .0202 of this Subchapter;

(2)           who has been denied final approval of a completed dam by the Director or who has been granted final approval by the Director subject to conditions which are unacceptable to the applicant pursuant to Rule .0219 of this Subchapter;

(3)           against whom a dam safety order has been issued requiring the maintenance, alteration, repair, reconstruction, change in construction or location, or removal of a dam within 90 days, pursuant to Rule .0302(a) of this Subchapter, or the lowering of the level of the water impounded by the dam within a time period prescribed by the Director pursuant to Rule .0302(b) of this Subchapter; or

(4)           who has been assessed a civil penalty pursuant to G.S. 143‑215.36(b) and Subchapter 2J of this Chapter.

 

History Note:        Authority G.S. 143‑215.33; 150B‑23;

Eff. June 15, 1980;

Amended Eff. July 1, 1988.