15A NCAC 07J .0302       PETITION FOR CONTESTED CASE HEARING

(a)  Any person who is entitled or authorized to appeal a permit decision under Rule .0301(a) may file a petition for a contested case hearing with Office of Administrative Hearings, 6714 Mail Service Center, Raleigh NC 27699-6714.  The petition shall be filed within 20 days of the permit decision being appealed as provided in G.S. 113A-121.1(a).

(b)  Any person who has been granted a hearing by the Chairman of the Coastal Resources Commission under Rule .0301(b) may file a petition for a contested case hearing with the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC 27699-6714.  The petition shall be filed within 20 days after the Chairman's decision on the hearing request as provided in G.S. 113A-121.1(b).

(c)  Any petition shall conform to the requirements of G.S. 150B‑23.  A copy of the petition shall be served on the Director, Division of Coastal Management, 400 Commerce Avenue, Morehead City NC 28557, and on the Attorney General's Office, 9001 Mail Service Center, Raleigh, NC 27699-9001.  If a minor development permit is appealed, a copy of the petition shall also be served on the local permit officer.  Failure to file any petition within the time period in G.S. 113A-121.1 (a) and (b) constitutes a waiver of the opportunity for a contested case hearing.

(d)  Upon the request of the Director, the local permit officer shall submit a certified copy of the entire record of any minor permit decision which is being appealed to the Director.  The record shall include the elements indicated in 15A NCAC 07I .0508(c).

 

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; July 1, 1982;

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.