GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

S	1 

SENATE BILL 990

Short Title:  CAMA Administrative Permit Review.	(Public)

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Sponsors: Senator Rand.

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Referred to:  Agriculture/Environment/Natural Resources

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May 4, 1995

A BILL TO BE ENTITLED
AN ACT TO PROVIDE FOR MORE EFFECTIVE ADMINISTRATIVE PERMIT REVIEW UNDER THE COASTAL AREA MANAGEMENT ACT.
The General Assembly of North Carolina enacts:
Section 1.  G. S. 113A-121.1(b) reads as rewritten:
"(b)	A person other than a permit applicant or the Secretary who is dissatisfied with a decision to deny or grant a minor or major development permit may file a petition for a contested case hearing only if the Commission determines that a hearing is appropriate.  A request for a determination of the appropriateness of a contested case hearing shall be made in writing and received by the Commission within 20 days after the disputed permit decision is made.  A determination of the appropriateness of a contested case shall be made within 15 days after a request for a determination is received and shall be based on whether the person seeking to commence a contested case:
(1)	Has alleged that the decision is contrary to a statute or rule;
(2)	Is directly affected by the decision; and
(3)	Has a substantial likelihood of prevailing in a contested case.
If the Commission determines a contested case is appropriate, the petition for a contested case shall be filed within 20 days after the Commission makes its determination.  A determination that a person may not commence a contested case is a final agency decision and is subject to judicial review under Article 4 of Chapter 150B of the General Statutes.  If, on judicial review, the court determines that the Commission erred in determining that a contested case would not be appropriate, the court shall remand the matter for a contested case hearing under G.S. 150B-23 and final Commission decision on the permit pursuant to G.S. 113A-122.  Decisions in such cases shall be rendered pursuant to those rules, regulations, and other applicable laws in effect at the time of the commencement of the contested case."
Sec. 2.  This act is effective upon ratification.