GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1991

H	1 

HOUSE BILL 1056

Short Title:  EMC Cannot Remit Fines.	(Public)
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Sponsors: Representative Luebke.
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Referred to:  Environment.
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April 22, 1991

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT THE AMOUNT OF A CIVIL PENALTY ASSESSMENT AS DETERMINED BY THE DEPARTMENT OF ENVIRONMENT, HEALTH, AND NATURAL RESOURCES IS BINDING ON THE ENVIRONMENTAL MANAGEMENT COMMISSION IN ITS REVIEW OF THE DECISION RECOMMENDED BY THE DEPARTMENT.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 143B-282.1 reads as rewritten:
"§ 143B-282.1.  Environmental Management Commission – quasi-judicial powers; procedures.
(a)	With respect to those matters within its jurisdiction, the Environmental Management Commission shall exercise quasi-judicial powers in accordance with the provisions of Chapter 150B of the General Statutes on all issues other than the amount of the assessment.  This section and any rules adopted by the Environmental Management Commission shall govern such proceedings:
(1)	Exceptions to recommended decisions in contested cases shall be filed with the Secretary within 30 days of the receipt by the Secretary of the official record from the Office of Administrative Hearings, unless additional time is allowed by the chairman of the Commission.
(2)	Oral arguments by the parties may be allowed by the chairman of the Commission upon request of the parties.
(3)	Deliberations of the Commission shall be conducted in its public meeting unless the Commission determines that consultation with its counsel should be held in an executive session pursuant to G.S. 143-318.11.
									(b)	In contested cases that arise from civil penalty assessments, the Commission shall make the final agency decision on all issues other than the amount of the assessment.  In contested cases that arise from civil penalty assessments, the Commission shall not remit the amount of the assessment as recommended by the Department, which recommendation shall be final as to the amount.
							(e)	If any civil penalty has not been paid within 30 days after the final agency decision or court order has been served on the violator, the Secretary of Environment, Health, and Natural Resources shall request the Attorney General to institute a civil action in the Superior Court of any county in which the violator resides or has his or its principal place of business to recover the amount of the assessment.
(f)	As used in this section, 'Secretary' means the Secretary of Environment, Health, and Natural Resources.  The Secretary may delegate his powers and duties under this section to the Director of the Division of Environmental Management of the Department of Environment, Health, and Natural Resources."
Sec. 2.  This act is effective upon ratification.