15A NCAC 02P .0407        FINAL ACTION

(a)  The Director, or his delegate, shall make the agency decision on a written application for eligibility for reimbursement from the appropriate fund.  The Director, or his delegate, shall make the agency decision on any written request for reimbursement made subsequent to an initial application.

(b)  An owner or operator or landowner who has been denied eligibility for reimbursement from the appropriate fund after submittal of a written application in accordance with the procedures of this Subchapter, or who has had any written reimbursement request denied after submittal in accordance with the procedures of this Subchapter, shall be notified of the right to petition for a contested case in the Office of Administrative Hearings in accordance with the procedure set out in G.S. 150B‑23.  The Secretary of the Department of Environment, Health, and Natural Resources shall make the final agency decision in any contested case pursuant to G.S. 150B‑36.

 

History Note:        Authority G.S. 143‑215.3; 143‑215.94B; 143‑215.94D; 143‑215.94E; 143‑215.94L; 143‑215.94T;

143B-282; 150B‑23; 150B‑36;

Eff. February 1, 1993;

Amended Eff. September 1, 1993.