NORTH CAROLINA GENERAL ASSEMBLY

1979 SESSION

CHAPTER 55

SENATE BILL 19

AN ACT TO AMEND THE DAM SAFETY LAW TO PROVIDE FOR CERTAIN TECHNICAL AMENDMENTS AND FOR THE CLARIFICATION OF JUDICIAL REVIEW OF ADMINISTRATIVE DECISIONS INVOLVING DAM SAFETY.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 143-215.27(a), as the same appears in 1978 Replacement Volume 3C of the General Statutes, is amended by deleting the word "shall" from line 11 of the subsection and inserting in lieu thereof the word "may".

Sec. 2.  G.S. 143-215.33, as the same appears in 1978 Replacement Volume 3C of the General Statutes, is amended by rewriting the section to read as follows:

"§ 143-215.33.  Administrative hearing; judicial review. — (a) Any person to whom an order or decision has been issued pursuant to this Part shall be entitled to an administrative hearing before the commission, or its designated hearing officer or officers, to be conducted in the county in which the dam is located, in accordance with Article 3 of Chapter 150A of the General Statutes upon written request by such person within 10 days after notice of the order or decision has been given to the person, personally or by registered or certified mail.

(b)        Any person entitled to a hearing under subsection (a) of this section may appeal the final decision of the commission to the Superior Court in accordance with Article 4 of Chapter 150A of the General Statutes, except that a petition seeking review under G.S. 150A‑45 may be filed either in the county where the dam is located or in Wake County."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified, this the 16th day of February, 1979.