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



(b)  Upon receipt of a petition, the
chairperson shall make a diligent effort to resolve the subject matter of the
petition and, if appropriate, to cause the noncomplying or other responsible
party to comply with the habitat conservation plan, safe harbor agreement, or
incidental take license.  If the chairperson is unable to resolve the subject
matter of the petition within a period of time deemed reasonable under the
circumstances, but in no event more than ninety days; or if the petitioner is
not satisfied with the chairperson's resolution of the subject matter, then the
chairperson shall appoint a hearings officer to hear the petition.  The
hearings officer shall commence a contested case hearing in accordance with
chapter 91 and, within thirty days of the completion of the hearing, grant in
whole or in part, or deny the petition.



(c)  Nothing in this section shall grant any
authority whatsoever upon a hearings officer to assess monetary damages or
criminal 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 action
to comply with this chapter.



(d)  Any person who believes that a violation
of a habitat conservation plan, safe harbor agreement, or incidental take
license has occurred, is occurring, or is likely to occur, may petition the
chairperson for an immediate hearing.  The petition shall be accompanied by an
affidavit alleging:



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



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



If the chairperson finds that there exists good
cause for a hearing, then a hearings officer shall be appointed who shall conduct
a hearing forthwith, and in any event within forty-eight hours after the filing
of the petition.  If the hearings officer determines that there is a
substantial likelihood that the continued existence of an endangered or
threatened species will be jeopardized unless the violation is immediately
enjoined, 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]