(a) Appeals concerningthe enforcement of rules adopted by the Commission, concerning the suspensionand revocation of permits and program participation by the Secretary andconcerning the imposition of administrative penalties by the Secretary shall begoverned by Chapter 150B of the General Statutes, the Administrative ProcedureAct.
(a1) Any person appealingan action taken by the Department pursuant to this Chapter or rules of theCommission shall file a petition for a contested case with the Office ofAdministrative Hearings as provided in G.S. 150B‑23(a). The petitionshall be filed not later than 30 days after notice of the action which confersthe right of appeal unless a federal statute or regulation provides for a differenttime limitation. The time limitation imposed under this subsection shallcommence when notice of the agency decision is given to all persons aggrieved.Such notice shall be provided to all persons known to the agency by personaldelivery or by the placing of notice in an official depository of the UnitedStates Postal Service addressed to the person at the latest address provided tothe agency by the person.
(b) Appeals concerningthe enforcement of rules adopted by the local board of health and concerningthe imposition of administrative penalties by a local health director shall beconducted in accordance with this subsection and subsections (c) and (d) ofthis section. The aggrieved person shall give written notice of appeal to thelocal health director within 30 days of the challenged action. The notice shallcontain the name and address of the aggrieved person, a description of thechallenged action and a statement of the reasons why the challenged action isincorrect. Upon filing of the notice, the local health director shall, withinfive working days, transmit to the local board of health the notice of appealand the papers and materials upon which the challenged action was taken.
(c) The local board ofhealth shall hold a hearing within 15 days of the receipt of the notice ofappeal. The board shall give the person not less than 10 days' notice of thedate, time and place of the hearing. On appeal, the board shall have authorityto affirm, modify or reverse the challenged action. The local board of healthshall issue a written decision based on the evidence presented at the hearing.The decision shall contain a concise statement of the reasons for the decision.
(d) A person who wishesto contest a decision of the local board of health under subsection (b) of thissection shall have a right of appeal to the district court having jurisdictionwithin 30 days after the date of the decision by the board. The scope of reviewin district court shall be the same as in G.S. 150B‑51.
(e) The appealsprocedures enumerated in this section shall apply to appeals concerning theenforcement of rules, the imposition of administrative penalties, or any otheraction taken by the Department of Environment and Natural Resources pursuant toArticles 8, 9, 10, 11, and 12 of this Chapter. (1983, c. 891, s. 2; 1987, c.482; c. 827, s. 248; 1993, c. 211, s. 1; 1997‑443, s. 11A.66; 1998‑217,s. 33.)
(a) Appeals concerningthe enforcement of rules adopted by the Commission, concerning the suspensionand revocation of permits and program participation by the Secretary andconcerning the imposition of administrative penalties by the Secretary shall begoverned by Chapter 150B of the General Statutes, the Administrative ProcedureAct.
(a1) Any person appealingan action taken by the Department pursuant to this Chapter or rules of theCommission shall file a petition for a contested case with the Office ofAdministrative Hearings as provided in G.S. 150B‑23(a). The petitionshall be filed not later than 30 days after notice of the action which confersthe right of appeal unless a federal statute or regulation provides for a differenttime limitation. The time limitation imposed under this subsection shallcommence when notice of the agency decision is given to all persons aggrieved.Such notice shall be provided to all persons known to the agency by personaldelivery or by the placing of notice in an official depository of the UnitedStates Postal Service addressed to the person at the latest address provided tothe agency by the person.
(b) Appeals concerningthe enforcement of rules adopted by the local board of health and concerningthe imposition of administrative penalties by a local health director shall beconducted in accordance with this subsection and subsections (c) and (d) ofthis section. The aggrieved person shall give written notice of appeal to thelocal health director within 30 days of the challenged action. The notice shallcontain the name and address of the aggrieved person, a description of thechallenged action and a statement of the reasons why the challenged action isincorrect. Upon filing of the notice, the local health director shall, withinfive working days, transmit to the local board of health the notice of appealand the papers and materials upon which the challenged action was taken.
(c) The local board ofhealth shall hold a hearing within 15 days of the receipt of the notice ofappeal. The board shall give the person not less than 10 days' notice of thedate, time and place of the hearing. On appeal, the board shall have authorityto affirm, modify or reverse the challenged action. The local board of healthshall issue a written decision based on the evidence presented at the hearing.The decision shall contain a concise statement of the reasons for the decision.
(d) A person who wishesto contest a decision of the local board of health under subsection (b) of thissection shall have a right of appeal to the district court having jurisdictionwithin 30 days after the date of the decision by the board. The scope of reviewin district court shall be the same as in G.S. 150B‑51.
(e) The appealsprocedures enumerated in this section shall apply to appeals concerning theenforcement of rules, the imposition of administrative penalties, or any otheraction taken by the Department of Environment and Natural Resources pursuant toArticles 8, 9, 10, 11, and 12 of this Chapter. (1983, c. 891, s. 2; 1987, c.482; c. 827, s. 248; 1993, c. 211, s. 1; 1997‑443, s. 11A.66; 1998‑217,s. 33.)
(a) Appeals concerningthe enforcement of rules adopted by the Commission, concerning the suspensionand revocation of permits and program participation by the Secretary andconcerning the imposition of administrative penalties by the Secretary shall begoverned by Chapter 150B of the General Statutes, the Administrative ProcedureAct.
(a1) Any person appealingan action taken by the Department pursuant to this Chapter or rules of theCommission shall file a petition for a contested case with the Office ofAdministrative Hearings as provided in G.S. 150B‑23(a). The petitionshall be filed not later than 30 days after notice of the action which confersthe right of appeal unless a federal statute or regulation provides for a differenttime limitation. The time limitation imposed under this subsection shallcommence when notice of the agency decision is given to all persons aggrieved.Such notice shall be provided to all persons known to the agency by personaldelivery or by the placing of notice in an official depository of the UnitedStates Postal Service addressed to the person at the latest address provided tothe agency by the person.
(b) Appeals concerningthe enforcement of rules adopted by the local board of health and concerningthe imposition of administrative penalties by a local health director shall beconducted in accordance with this subsection and subsections (c) and (d) ofthis section. The aggrieved person shall give written notice of appeal to thelocal health director within 30 days of the challenged action. The notice shallcontain the name and address of the aggrieved person, a description of thechallenged action and a statement of the reasons why the challenged action isincorrect. Upon filing of the notice, the local health director shall, withinfive working days, transmit to the local board of health the notice of appealand the papers and materials upon which the challenged action was taken.
(c) The local board ofhealth shall hold a hearing within 15 days of the receipt of the notice ofappeal. The board shall give the person not less than 10 days' notice of thedate, time and place of the hearing. On appeal, the board shall have authorityto affirm, modify or reverse the challenged action. The local board of healthshall issue a written decision based on the evidence presented at the hearing.The decision shall contain a concise statement of the reasons for the decision.
(d) A person who wishesto contest a decision of the local board of health under subsection (b) of thissection shall have a right of appeal to the district court having jurisdictionwithin 30 days after the date of the decision by the board. The scope of reviewin district court shall be the same as in G.S. 150B‑51.
(e) The appealsprocedures enumerated in this section shall apply to appeals concerning theenforcement of rules, the imposition of administrative penalties, or any otheraction taken by the Department of Environment and Natural Resources pursuant toArticles 8, 9, 10, 11, and 12 of this Chapter. (1983, c. 891, s. 2; 1987, c.482; c. 827, s. 248; 1993, c. 211, s. 1; 1997‑443, s. 11A.66; 1998‑217,s. 33.)
