{"data":{"id":"us-nc/n.c.-gen.-stat.-143b-289.53","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 143B-289.53","heading":"Marine Fisheries Commission - quasi-judicial powers; procedures.","body":"(a)\tWith respect to those matters within its jurisdiction, the Marine Fisheries Commission shall exercise quasi-judicial powers in accordance with the provisions of Chapter 150B of the General Statutes. This section and any rules adopted by the Marine Fisheries Commission shall govern the following proceedings:\n(1)\tExceptions 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 Chair of the Commission.\n(2)\tOral arguments by the parties may be allowed by the Chair of the Commission upon request of the parties.\n(3)\tDeliberations of the Commission shall be conducted in its public meeting unless the Commission determines that consultation with its counsel should be held in a closed session pursuant to G.S. 143-318.11.\n(b)\tThe final agency decision in contested cases that arise from civil penalty assessments shall be made by the Commission. In the evaluation of each violation, the Commission shall recognize that harm to the marine and estuarine resources within its jurisdiction, as described in G.S. 113-132, arising from the violation of a statute or rule enacted or adopted to protect those resources may be immediately observed through damaged resources or may be incremental or cumulative with no damage that can be immediately observed or documented. Penalties up to the maximum authorized may be based on any one or combination of the following factors:\n(1)\tThe degree and extent of harm to the marine and estuarine resources within the jurisdiction of the Commission, as described in G.S. 113-132; to the public health; or to private property resulting from the violation.\n(2)\tThe frequency and gravity of the violation.\n(3)\tThe cost of rectifying the damage.\n(4)\tWhether the violation was committed willfully or intentionally.\n(5)\tThe prior record of the violator in complying or failing to comply with programs over which the Marine Fisheries Commission has regulatory authority.\n(6)\tThe cost to the State of the enforcement procedures.\n(c)\tThe Chair shall appoint a Committee on Civil Penalty Remissions from the members of the Commission. No member of the Committee on Civil Penalty Remissions may hear or vote on any matter in which the member has an economic interest. The Committee on Civil Penalty Remissions shall make the final agency decision on remission requests. In determining whether a remission request will be approved, the Committee shall consider the recommendation of the Secretary and the following factors:\n(1)\tWhether one or more of the civil penalty assessment factors in subsection (b) of this section were wrongly applied to the detriment of the petitioner.\n(2)\tWhether the violator promptly abated continuing environmental damage resulting from the violation.\n(3)\tWhether the violation was inadvertent.\n(4)\tWhether the violator had been assessed civil penalties for any previous violations.\n(5)\tWhether payment of the civil penalty will prevent payment for the remaining necessary remedial actions.\n(d)\tThe Committee on Civil Penalty Remissions may remit the entire amount of the penalty only when the violator has not been assessed civil penalties for previous violations and when payment of the civil penalty will prevent payment for the remaining necessary remedial actions.\n(e)\tIf 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 Environmental Quality 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.\n(f)\tThe Secretary may delegate his powers and duties under this section to the Fisheries Director. (1997-400, s. 2.1; 1997-443, s. 11A.119(a); 2015-241, s. 14.30(v).)","path":["Chapter 143B. Executive Organization Act of 1973.","Article 7. Department of Environmental Quality.","Part 5D. Marine Fisheries Commission."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_143B/GS_143B-289.53.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:22:43Z","sha256":"48137a33e0a81318ce0b4e56ab38e1effd9a5156b250033ef82291cc02cd81a4","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-143b-289.52","next":"us-nc/n.c.-gen.-stat.-143b-289.54"},"notice":"GroundRules: Original legal text. Not legal advice."}