§195D-27  Administrative enforcementof rules, plans, agreements, or licenses.  (a)  Any person may petition thechairperson to appoint a hearings officer to hear a request to enjoin anyperson, including the State and any other government agency, alleged to be inviolation of this chapter, including any rule adopted pursuant to this chapter,habitat conservation plan, safe harbor agreement, or incidental take license,or to require the State to take action to enforce this chapter, including anyrule adopted pursuant to this chapter or any term of a habitat conservationplan, safe harbor agreement, or incidental take license.

(b)  Upon receipt of a petition, thechairperson shall make a diligent effort to resolve the subject matter of thepetition and, if appropriate, to cause the noncomplying or other responsibleparty to comply with the habitat conservation plan, safe harbor agreement, orincidental take license.  If the chairperson is unable to resolve the subjectmatter of the petition within a period of time deemed reasonable under thecircumstances, but in no event more than ninety days; or if the petitioner isnot satisfied with the chairperson's resolution of the subject matter, then thechairperson shall appoint a hearings officer to hear the petition.  Thehearings officer shall commence a contested case hearing in accordance withchapter 91 and, within thirty days of the completion of the hearing, grant inwhole or in part, or deny the petition.

(c)  Nothing in this section shall grant anyauthority whatsoever upon a hearings officer to assess monetary damages orcriminal penalties against any party found to be in violation of this chapter,however, the hearings officer shall issue findings of fact and, if appropriate,an order directing the party found to be in violation to take specific actionto comply with this chapter.

(d)  Any person who believes that a violationof a habitat conservation plan, safe harbor agreement, or incidental takelicense has occurred, is occurring, or is likely to occur, may petition thechairperson for an immediate hearing.  The petition shall be accompanied by anaffidavit alleging:

(1)  Specific facts showing that the continuedexistence of an endangered or threatened species is likely to be jeopardizedunless the alleged violation is immediately enjoined; and

(2)  The efforts that have been made to notify thelandowner of the alleged violation.

If the chairperson finds that there exists goodcause for a hearing, then a hearings officer shall be appointed who shall conducta hearing forthwith, and in any event within forty-eight hours after the filingof the petition.  If the hearings officer determines that there is asubstantial likelihood that the continued existence of an endangered orthreatened species will be jeopardized unless the violation is immediatelyenjoined, then the hearings officer shall order temporary injunctive relief,which shall expire upon such terms as the hearings officer determines. [L 1997,c 380, pt of §2; am L 1998, c 237, §5]