§ 113A-121.1. Administrative review of permit decisions.
§113A‑121.1. Administrative review of permit decisions.
(a) An applicant for aminor or major development permit who is dissatisfied with the decision on hisapplication may file a petition for a contested case hearing under G.S. 150B‑23within 20 days after the decision is made. When a local official makes adecision to grant or deny a minor development permit and the Secretary isdissatisfied with the decision, the Secretary may file a petition for acontested case within 20 days after the decision is made.
(b) A person other thana permit applicant or the Secretary who is dissatisfied with a decision to denyor grant a minor or major development permit may file a petition for acontested case hearing only if the Commission determines that a hearing is appropriate.A request for a determination of the appropriateness of a contested casehearing shall be made in writing and received by the Commission within 20 daysafter the disputed permit decision is made. A determination of theappropriateness of a contested case shall be made within 15 days after arequest for a determination is received and shall be based on whether theperson seeking to commence a contested case:
(1) Has alleged that thedecision is contrary to a statute or rule;
(2) Is directly affectedby the decision; and
(3) Has alleged facts ormade legal arguments that demonstrate that the request for the hearing is notfrivolous.
If the Commission determines acontested case is appropriate, the petition for a contested case shall be filedwithin 20 days after the Commission makes its determination. A determinationthat a person may not commence a contested case is a final agency decision andis subject to judicial review under Article 4 of Chapter 150B of the GeneralStatutes. If, on judicial review, the court determines that the Commissionerred in determining that a contested case would not be appropriate, the courtshall remand the matter for a contested case hearing under G.S. 150B‑23and 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 thecontested case.
(c) A permit issuspended from the time a person seeks administrative review of the decisionconcerning the permit until the Commission determines that the person seekingthe review cannot commence a contested case or the Commission makes a finaldecision in a contested case, as appropriate, and no action may be taken duringthat time that would be unlawful in the absence of a permit. (1981,c. 913, s. 3; 1983, c. 400, ss. 1, 2; 1987, c. 827, s. 139; 1995, c. 409, s.1.)