§ 113A-124. Additional powers and duties.
§113A‑124. Additional powers and duties.
(a) The Secretary shallhave the following additional powers and duties under this Article:
(1) To conduct or causeto be conducted, investigations of proposed developments in areas ofenvironmental concern in order to obtain sufficient evidence to enable abalanced judgment to be rendered concerning the issuance of permits to buildsuch developments.
(2) To cooperate withthe Secretary of the Department of Administration in drafting State guidelinesfor the coastal area.
(3) To keep a list ofinterested persons who wish to be notified of proposed developments andproposed rules designating areas of environmental concern and to so notifythese persons of such proposed developments by regular mail. A reasonable registrationfee to defray the cost of handling and mailing notices may be charged to anyperson who so registers with the Commission.
(4) To propose rules toimplement this Article for consideration by the Commission.
(5) To delegate such ofhis powers as he may deem appropriate to one or more qualified employees of theDepartment or to any local government, provided that the provisions of any suchdelegation of power shall be set forth in departmental rules.
(6) To delegate thepower to conduct a hearing, on his behalf, to any member of the Commission orto any qualified employee of the Department. Any person to whom a delegation ofpower is made to conduct a hearing shall report his recommendations with therecord of the hearing to the Secretary for decision or action.
(b) In order to carryout the provisions of this Article the secretaries of Administration and ofEnvironment and Natural Resources may employ such clerical, technical andprofessional personnel, and consultants with such qualifications as the Commissionmay prescribe, in accordance with the State personnel rules and budgetary laws,and are hereby authorized to pay such personnel from any funds made availableto them through grants, appropriations, or any other sources. In addition, thesaid secretaries may contract with any local governmental unit or lead regionalorganization to carry out the planning provisions of this Article.
(c) The Commissionshall have the following additional powers and duties under this Article:
(1) To recommend to theSecretary the acceptance of donations, gifts, grants, contributions andappropriations from any public or private source to use in carrying out theprovisions of this Article.
(2) To recommend to theSecretary of Administration the acquisition by purchase, gift, condemnation, orotherwise, lands or any interest in any lands within the coastal area.
(3) To hold such publichearings as the Commission deems appropriate.
(4) To delegate thepower to conduct a hearing, on behalf of the Commission, to any member of theCommission or to any qualified employee of the Department. Any person to whom adelegation of power is made to conduct a hearing shall report hisrecommendations with the evidence and the record of the hearing to theCommission for decision or action.
(5) Repealed by SessionLaws 1987, c. 827, s. 141.
(6) To delegate thepower to determine whether a contested case hearing is appropriate inaccordance with G.S. 113A‑121.1(b).
(7) To delegate thepower to grant or deny requests for declaratory rulings under G.S. 150B‑4in accordance with standards adopted by the Commission.
(8) To adopt rules toimplement this Article.
(d) The AttorneyGeneral shall act as attorney for the Commission and shall initiate actions inthe name of, and at the request of, the Commission, and shall represent theCommission in the hearing of any appeal from or other review of any order ofthe Commission. (1973, c. 1284, s. 1; 1975, c. 452, s. 5; 1977, c.771, s. 4; 1981, c. 932, s. 2.1; 1987, c. 827, ss. 125, 141; 1989, c. 727, s. 135;1991 (Reg. Sess., 1992), c. 839, s. 2; 1997‑443, s. 11A.119(a).)