SECTION .0700 ‑  FAILURE TO ENFORCE AND ADMINISTER PLAN

 

 

15A NCAC 07I .0701        SANCTION FOR VIOLATIONS BY THE LOCAL PERMIT‑LETTING AGENCY

(a)  When the local permit‑letting agency fails to administer or enforce the local management plan submitted to the Commission and approved by it, the Commission shall:

(1)           notify the local permit‑letting agency in writing that it is in violation of the provisions of its local management plan and specify the grounds for such charges of violations;

(2)           inform the local permit‑letting agency of specific deficiencies in administration and enforcement;

(3)           inform the local permit‑letting authority of its opportunity to request a hearing before the Commission at which time it may make any presentation or present any arguments relevant to the issue raised in the Commission letter to the local agency.  The Commission may at its sole discretion hear from any other affected person at the hearing.

(b)  If the conditions are not remedied or corrected within 90 days after receipt of commission notification of such violation, the Commission shall assume the duties of the local permit‑letting agency until the local permit‑letting agency indicates to the Commission in writing its willingness and/or ability to perform in conformance with its approved local management plan.  Any changes in circumstances affecting the agency's willingness and/or ability to properly administer the local management plan also shall be substantiated in writing to the Commission.

 

History Note:        Authority G.S. 113A‑117(d); 113A‑124;

Eff. November 1, 1984.