North Carolina General Statutes 136-133.3. Appeals of selective vegetation removal permit decisions
Terms Used In North Carolina General Statutes 136-133.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(a) An applicant for a selective vegetation removal permit issued pursuant to N.C. Gen. Stat. § 136-133.2 may appeal a decision of the Department pertaining to the denial or conditioning of a permit for selective vegetation removal pursuant to the provisions of this section.
(b) Within 30 days of service of the Department’s decision to deny or condition a selective vegetation removal permit issued pursuant to N.C. Gen. Stat. § 136-133.4, the applicant shall submit a written appeal to the Secretary of Transportation setting forth with particularity the facts and arguments upon which the appeal is based. The appeal shall be sent to the Secretary by registered or certified mail, return receipt requested, addressed to the Secretary, and delivering to the addressee, with a copy to the Department official who issued the decision.
(c) Upon receipt of the written appeal, the Secretary of Transportation shall review the written appeal and the Department’s decision, as well as any available documents, exhibits, or other evidence bearing on the appeal, and shall render the agency’s final decision, supported by findings of fact and conclusions of law. The final agency decision shall be served upon the appealing party by registered or certified mail, return receipt requested, addressed to the applicant, and delivering to the addressee, within 90 days after the Secretary receives the written appeal. A copy of the agency’s final decision shall also be delivered to the Department official who issued the initial decision.
(d) A person aggrieved by a decision made pursuant to this section may seek judicial review of the final agency decision pursuant to N.C. Gen. Stat. § 136-134.1 (2011-397, s. 6.)