SECTION .0300 ‑ HEARING PROCEDURE

 

15A NCAC 07J .0301       WHO IS ENTITLED TO A CONTESTED CASE HEARING

(a)  Under G.S. 113A-121.1(a), only the following persons are entitled to appeal a permit decision by filing a petition for a contested case hearing as provided in 15A NCAC 07J .0302:

(1)           any applicant for a minor or major development permit; and

(2)           the Secretary in the case of a decision by a local official on a minor development permit.

(b)  Under G.S. 113A-121.1(b), persons other than those entitled to a contested case hearing on a permit decision under Paragraph (a) of this Rule may file a request for such a hearing with the Chairman of the Coastal Resources Commission. The hearing request shall be filed with the Director, Division of Coastal Management, Department of Environment and Natural Resources (DENR), 400 Commerce Avenue, Morehead City, NC 28557, and a copy thereof shall be filed with the Attorney General's Office, 9001 Mail Service Center, Raleigh, NC 27699-9001.  The Commission hereby delegates to the Chairman the authority to determine whether persons other than those entitled to a hearing shall be granted a hearing. The Chairman shall grant a hearing upon finding that the criteria in G.S. 113A-121.1(b) have been satisfied.  A person whose hearing request is granted may file a petition for a contested case hearing as provided in 15A NCAC 07J .0302.  A denial of a request for a hearing may be appealed as provided in G.S. 113A-121.1(b).

 

History Note:        Authority G.S. 113-229; 113A-118(c); 113A-121.1; 113A-122; 113A-124;

Eff. March 15, 1978;

Amended Eff. July 1, 1990; October 1, 1988; November 1, 1984;

RRC Objection due to lack of Statutory Authority Eff. February 20, 1992;

Amended Eff. March 31, 1992;

RRC Objection due to lack of Statutory Authority Eff. March 19, 1992;

Amended Eff. June 1, 2005; April 1, 1992.