15A NCAC 03O .0114. SUSPENSION, REVOCATION AND REISSUANCE OF LICENSES

(a)  All commercial and recreational licenses issued under Article 14A, Article 14B, and Article 25A of Chapter 113 are subject to suspension and revocation.

(b)  A conviction resulting from being charged by an inspector under G.S. 14-32, 14-33 or 14-399 shall be deemed a conviction for license suspension or revocation purposes.

(c)  Upon receipt of notice of a licensee's conviction as specified in G.S. 113-171 or a conviction as specified in Paragraph (b) of this Rule, the Fisheries Director shall determine whether it is a first, a second, a third or a fourth or subsequent conviction.  Where several convictions result from a single transaction or occurrence, the convictions shall be treated as a single conviction so far as suspension or revocation of the licenses of a licensee is concerned.  For a second conviction, the Fisheries Director shall suspend all licenses issued to the licensee for a period of 30 days; for a third conviction, the Fisheries Director shall suspend all licenses issued to the licensee for a period of 90 days; for a fourth or subsequent conviction, the Fisheries Director shall revoke all licenses issued to the licensee, except:

(1)           For a felony conviction under G.S. 14-399, the Fisheries Director shall suspend all licenses issued to the licensee for a period of one year;

(2)           For a first conviction under G.S. 113-187(d)(1), the Fisheries Director shall suspend all licenses issued to the licensee for a period of one year; for a second or subsequent conviction under G.S. 113-187(d)(1), the Fisheries Director shall revoke all licenses issued to the licensee;

(3)           For a conviction under G.S. 113-209, the Fisheries Director shall revoke all licenses issued to the licensee; and

(4)           For a conviction under G.S. 14-32 or 14-33, when the offense was committed against a marine fisheries inspector the Fisheries Director shall revoke all licenses issued to the licensee; the former licensee shall not be eligible to apply for reinstatement of a revoked license or for any additional license authorized in Article 14A, Article 14B and Article 25A of Chapter 113 for a period of two years.

(d)  After the Fisheries Director determines a conviction requires a suspension or revocation of the licenses of a licensee, the Fisheries Director shall cause the licensee to be served with written notice of suspension or revocation. The written notice may be served upon any responsible individual affiliated with the corporation, partnership, or association where the licensee is not an individual.  The notice of suspension or revocation shall be served by an inspector or other agent of the Department or by certified mail, must state the ground upon which it is based, and takes effect immediately upon service.  The agent of the Fisheries Director making service shall then or subsequently, as may be feasible under the circumstances, collect all license certificates and plates and other forms or records relating to the license as directed by the Fisheries Director.

(e)  Where a license has been suspended, the former licensee shall not be eligible to apply for reissuance of license or for any additional license authorized in Article 14A, Article 14B and Article 25A of Chapter 113 during the suspension period.  Licenses shall be returned to the licensee by the Fisheries Director or the Director’s agents at the end of a period of suspension.

(f)  Where a license has been revoked, the former licensee shall not be eligible to apply for reinstatement of a revoked license or for any additional license authorized in Article 14A, Article 14B and Article 25A of Chapter 113 for a period of one year, except as provided in Subparagraph (c)(4) of this Rule.  For a request for reinstatement following revocation, the eligible former licensee shall satisfy the Fisheries Director that the licensee will strive in the future to conduct the operations for which the license is sought in accord with all applicable laws and rules by sending a request for reinstatement in writing to the Fisheries Director, Division of Marine Fisheries, P.O. Box 769, Morehead City, North Carolina 28557.  Upon the application of an eligible former licensee after revocation, the Fisheries Director may issue one license sought but not another, as deemed necessary to prevent the hazard of recurring violations of the law.

(g)  A licensee shall not willfully evade the service prescribed in this Rule.

 

History Note:        Authority G.S. 113-168.1; 113-171; S.L. 2010-145;

Eff. October 1, 2012.