An applicant, permittee, or affected person may contest a decision of the Department to grant, deny, suspend, modify, or revoke a permit or a reclamation plan, to refuse to release part or all of a bond or other security, or to assess a civil penalty by filing a petition for a contested case under G.S. 150B-23 within 30 days after the Department makes the decision. For purposes of this section, the date of the decision to grant, deny, suspend, modify, or revoke a permit application shall be when the Department posts the decision on a publicly available website. Article 4 of Chapter 150B of the General Statutes governs judicial review of a decision of the Commission.
N.C. Gen. Stat. § 74-61
Administrative and judicial review of decisions
Known as the The Mining Act
The act spans §§ 74–74 (24 sections).
Applied in 2 court decisions — leading case 107 N.C. App. 716 - Crowell Constructors, Inc. v. North Carolina Department of Environment, Health, & Natural Resources (1992)
Most recently applied in 224 N.C. App. 491 - Stark v. N.C. Department of Environment & Natural Resources (December 2012)
1971, c. 545, s. 16; 1973, c. 1262, s. 33; 1977, c. 771, s. 4; 1979, c. 252, s. 3; 1987, c. 827, s. 86; 1993 (Reg
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.