15A NCAC 07J .1203       PROCEDURES FOR APPROVING THE STATIC LINE EXCEPTION

(a)  At the meeting that the static line exception is considered by the Coastal Resources Commission, the following shall occur:

(1)           The Division of Coastal Management shall orally present the report described in 15A NCAC 07J .1202.

(2)           A representative for the petitioner may provide written or oral comments relevant to the static line exception request.  The Chairman of the Coastal Resources Commission may limit the time allowed for oral comments.

(3)           Additional parties may provide written or oral comments relevant to the static line exception request.  The Chairman of the Coastal Resources Commission may limit the time allowed for oral comments.

(b)  The Coastal Resources Commission shall authorize a static line exception request following affirmative findings on each of the criteria presented in 15A NCAC 07J .1201(d)(1) through (d)(4).  The final decision of the Coastal Resources Commission shall be made at the meeting at which the matter is heard or in no case later than the next scheduled meeting. The final decision shall be transmitted to the petitioner by registered mail within 10 business days following the meeting at which the decision is reached.

(c)  The decision to authorize or deny a static line exception is a final agency decision and is subject to judicial review in accordance with G.S. 113A-123.

 

History Note:        Authority G.S. 113A-107; 113A-113(b)(6); 113A-124;

Eff. March 23, 2009.