§ 113-270.1. (See notes) License agents.
Article 21.
Licenses and PermitsIssued by the Wildlife Resources Commission.
§ 113‑270.1. (Seenotes) License agents.
(a) The WildlifeResources Commission may by rule provide for the annual appointment of personsas license agents to sell licenses which it is authorized to issue by thisSubchapter or by any other provisions of law. To facilitate the convenience ofthe public, the efficiency of administration, the need to keep statistics andrecords affecting the conservation of wildlife resources, boating, watersafety, and other matters within the jurisdiction of the Wildlife ResourcesCommission, and the need to issue licenses containing special restrictions, theWildlife Resources Commission may issue licenses in any particular categorythrough:
(1) License agents.
(2) The WildlifeResources Commission's headquarters.
(3) Employees of theWildlife Resources Commission.
(4) Two or more suchsources simultaneously.
When there are substantialreasons for differing treatment, the Wildlife Resources Commission may issue atype of license by one method in one locality and by another method in anotherlocality.
(b) License agents maydeduct from the amount collected for each license a fee of six percent (6%).
(b3) (See notes)The Wildlife Resources Commission is exempt from the contested case provisionsof Chapter 150B of the General Statutes with respect to determinations ofwhether to authorize or terminate the authority of a person to sell licensesand permits as a license agent of the Wildlife Resources Commission.
(b4) (See notes)If any check or bank account draft of any license agent for the issuance oflicenses or permits shall be returned by the banking facility upon which thesame is drawn for lack of funds, the license agent shall be liable to the Commissionfor a penalty of five percent (5%) of the amount of the check or bank accountdraft, but in no event shall the penalty be less than five dollars ($5.00) ormore than two hundred dollars ($200.00). License agents shall be assessed apenalty of twenty‑five percent (25%) of their issuing fee on allremittances to the Commission after the fifteenth day of the month immediatelyfollowing the month of sale.
(c) The WildlifeResources Commission may provide qualifications and standards concerninglicense agents and delegate to the Executive Director the task of appointmentand supervision. Annual appointments run from May 1 to April 30 each year. TheWildlife Resources Commission may require license agents to post bonds, keeprecords and make reports concerning licenses and receipts, be subject to suchaudits and inspections as may be necessary, and pay a penalty of five percent(5%) on any worthless checks given the Wildlife Resources Commission. Theminimum penalty for a worthless check, however, is five dollars ($5.00), andthe maximum penalty is two hundred dollars ($200.00). The Wildlife ResourcesCommission shall require license agents to pay penalties of twenty‑fivepercent (25%) of the agents' fees on any license fees remitted to theCommission after the fifteenth day of the month immediately following the monthof sale.
(d) The WildlifeResources Commission may make rules in implementing the authority granted insubsection (c), but it need not set out in its rules details as to forms oflicense, records and accounting procedures, and other reasonable requirementsthat may be administratively promulgated by employees of the Wildlife ResourcesCommission in implementation of the purposes of this Article in order for suchadministrative requirements to be deemed validly required. It is a Class 1misdemeanor for a license agent:
(1) To withhold ormisappropriate funds from the sale of licenses;
(2) To falsify recordsof licenses sold;
(3) Wilfully andknowingly to assist or allow a person to obtain a license for which he isineligible;
(4) Wilfully to issue abackdated license;
(5) Wilfully on recordsor licenses to include false information or omit material information as to:
a. A person'sentitlement to a particular license; or
b. The applicability orterm of a particular license; or
(6) To refuse to returnall consigned licenses, or to remit the net value of consigned licenses sold orunaccounted for, upon demand from an authorized employee of the WildlifeResources Commission.
(e) The ExecutiveDirector may temporarily suspend, revoke, or refuse to renew a person'sappointment as a license agent if he fails in a timely manner to submitrequired reports, remit moneys due the Wildlife Resources Commission, orotherwise comply with the qualifications and standards set by the WildlifeResources Commission or with reasonable administrative directives of theExecutive Director. The temporary suspension is effective immediately uponcommunication of that fact to the license agent or his representative handlingthe licenses. The communication as to suspension must state the grounds forsuspension and that the license agent may request a hearing within five workingdays if he contests the grounds for suspension. If not in writing, thecommunication must be followed by written notice of suspension containing thesame information. By personal service of an impoundment order upon a licenseagent or his representative handling the licenses, an employee or agent of theWildlife Resources Commission may enter the premises and impound all licenses,moneys, record books, reports, license forms, and other documents, ledgers, andmaterials pertinent or apparently pertinent to the license agency beingsuspended. The Executive Director must make the impounded property, or copies ofit, available to the licensee during the period of temporary suspension.
(f) If a hearing isrequested, it is before the Executive Director or his designee to be held atRaleigh or some other place convenient to the parties specified by theExecutive Director. The temporary suspension remains in effect until thehearing, and after the hearing may be rescinded or continued in effect, as thefacts warrant, in the discretion of the Executive Director. A temporarysuspension may not last longer than 30 days, but additional suspensions may beimposed if at the end of the suspension period the license agent is still notin compliance with appropriate standards, qualifications, and administrativedirectives. A license agent may at any time after a hearing appeal hissuspension to the Wildlife Resources Commission.
(g) Notice ofrevocation or nonrenewal of the appointment may be sent the license agent inlieu of or in addition to temporary suspension. The notice must state thegrounds for termination of the appointment and the license agent's right to ahearing if he has not previously been afforded one. If the appointment is to berevoked, the notice must state the effective date and hour of revocation. Ifthe appointment is not to be renewed, the notice must state that theappointment expires at midnight on April 30. If he has not been previouslyafforded a hearing, a license agent is entitled to a hearing within 14 daysbefore the Executive Director or his designee to be held at Raleigh or someother place convenient to the parties specified by the Executive Director.After the hearing, the Executive Director, applying appropriate standards, musttake the action with respect to the appointment as license agent that the factswarrant. If the Executive Director upholds the decision to terminate theappointment, a license agent may appeal his termination to the WildlifeResources Commission. Pending the hearing and any appeal from it, thetermination is held in abeyance, but no license sales may be made once thelicense agent's bond has expired.
(h) Upon termination ofthe appointment, the former agent must return to the Wildlife ResourcesCommission all record books, reports, license forms, moneys, and other propertypertaining to the license agency, and must allow agents of the WildlifeResources Commission to conduct necessary inspections and audits required interminating the license agency. Each day's refusal after termination to return,upon demand, the record books, reports, license forms, moneys, and other propertypertaining to the license agency is a separate offense. Each instance ofrefusal, after termination, to allow agents of the Wildlife ResourcesCommission to conduct necessary inspections and audits during regular businesshours is a separate offense. A violation of this subsection is a Class 2misdemeanor. Before termination, violations by license agents are punishableunder G.S. 113‑135, subsection (d) above, or other provision of thisSubchapter, as appropriate.
(i) No person deniedappointment or whose appointment was terminated under this section is eligibleto apply again for an appointment as a license agent for two years. Uponapplication, the executive director may not grant the appointment as licenseagent unless the applicant produces clear evidence, convincing to the ExecutiveDirector, that he meets all standards and qualifications and will comply withall requirements of statutes, rules, and reasonable administrative directivespertaining to license agents.
(j) The ExecutiveDirector or his designee holding any hearing under this section must keep awritten record of evidence considered and findings made. Upon appeal to theWildlife Resources Commission, the commission chairman or other presidingofficer must cause such a written record of evidence and findings to be madeand kept. Hearings and appeals under this section are internal mattersconcerning license agents of the Wildlife Resources Commission and are notgoverned by the North Carolina Administrative Procedure Act. (1961, c. 352, ss. 4, 9;1979, c. 830, s. 1; 1985, c. 791, s. 34; 1987, c. 827, s. 98; 1993, c. 539, ss.852, 853; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑455, s. 3.2.)
§ 113‑270.1. (Contingent effective date see notes) License agents.
(a) The WildlifeResources Commission may by rule provide for the appointment of persons aslicense agents to sell licenses and permits that the Commission is authorizedto issue by this Subchapter or by any other provisions of law. To facilitatethe convenience of the public, the efficiency of administration, the need tokeep statistics and records affecting the conservation of wildlife resources,boating, water safety, and other matters within the jurisdiction of theWildlife Resources Commission, and the need to issue licenses and permits containingspecial restrictions, the Wildlife Resources Commission may issue licenses andpermits in any particular category through:
(1) License agents.
(2) The WildlifeResources Commission's headquarters.
(3) Employees of theWildlife Resources Commission.
(4) Two or more suchsources simultaneously.
(a1) When there aresubstantial reasons for differing treatment, the Wildlife Resources Commissionmay issue a type of license or permit by one method in one locality and byanother method in another locality.
(b) License agents maydeduct from the amount collected for each license or permit a fee of sixpercent (6%).
(b1) When licenses orpermits are to be issued by license agents as provided by subsection (a) ofthis section, the Wildlife Resources Commission may adopt rules to provide forany of the following:
(1) Qualifications ofthe license agents.
(2) Duties of thelicense agents.
(3) Methods andprocedures to ensure accountability and security for proceeds and unissuedlicenses and permits.
(4) Types and amounts ofevidence that a license agent must submit to relieve the agent ofresponsibility for losses due to occurrences beyond the control of the agent.
(5) Any other reasonablerequirement or condition that the Wildlife Resources Commission deems necessaryto expedite and control the issuance of licenses and permits by license agents.
(b2) The WildlifeResources Commission may adopt rules to authorize the Executive Director totake any of the following actions related to license agents:
(1) Select and appointlicense agents in areas most convenient for the sale of licenses and permits.
(2) Limit the number oflicense agents in an area if necessary for efficiency of operation.
(3) Require prompt andaccurate reporting and remittance of public funds or documents by licenseagents.
(4) Conduct periodic andspecial audits of accounts.
(5) Suspend or terminatethe authorization of any license agent found to be noncompliant with rulesadopted by the Wildlife Resources Commission or when State funds or property arereasonably believed to be in jeopardy.
(6) Require theimmediate surrender of all equipment, forms, licenses, permits, records, andState funds and property, issued by or belonging to the Wildlife ResourcesCommission, in the event of the termination of a license agent.
(b3) The WildlifeResources Commission is exempt from the contested case provisions of Chapter150B of the General Statutes with respect to determinations of whether toauthorize or terminate the authority of a person to sell licenses and permitsas a license agent of the Wildlife Resources Commission.
(b4) If any check or bankaccount draft of any license agent for the issuance of licenses or permitsshall be returned by the banking facility upon which the same is drawn for lackof funds, the license agent shall be liable to the Commission for a penalty offive percent (5%) of the amount of the check or bank account draft, but in noevent shall the penalty be less than five dollars ($5.00) or more than twohundred dollars ($200.00). License agents shall be assessed a penalty of twenty‑fivepercent (25%) of their issuing fee on all remittances to the Commission afterthe fifteenth day of the month immediately following the month of sale.
(c) Repealed by SessionLaws 2005‑455, s. 3.2. See notes for contingent effective date.
(d) It is a Class 1misdemeanor for a license agent to do any of the following:
(1) Withhold ormisappropriate funds from the sale of licenses or permits.
(2) Falsify records oflicenses or permits sold.
(3) Willfully andknowingly assist or allow a person to obtain a license or permit for which theperson is ineligible.
(4) Willfully issue abackdated license or permit.
(5) Willfully includefalse information or omit material information on records, licenses, or permitsregarding either:
a. A person'sentitlement to a particular license or permit.
b. The applicability orterm of a particular license or permit.
(6) Charge or accept anyadditional fee, remuneration, or other item of value in association with anyactivity set out in subdivisions (1) through (5) of this subsection.
(e),(j) Repealed by SessionLaws 2005‑455, s. 3.2. See notes for contingent effective date. (1961, c. 352, ss. 4, 9;1979, c. 830, s. 1; 1985, c. 791, s. 34; 1987, c. 827, s. 98; 1993, c. 539, ss.852, 853; 1994, Ex. Sess., c. 24, s. 14(c); 2005‑455, s. 3.2.)