15A NCAC 12H .0205. RESCISSION

(a)  The registration agreement may be terminated at any time upon notification by either party.  Such termination removes the area from the registry.

(b)  The Secretary may rescind recognition if the owner fails to carry out the promised protection practices.  The written agreement between the landowner and the Department shall request 30 days notification by either party before the agreement is terminated.  The secretary has the authority to rescind registry status for any area on department administered property.  Such action should occur only after it has been clearly shown that there is a higher, better and more important use for an area.  Rescission shall not affect existing statutory protection for an area.

(c)  Anyone may petition the Department to remove an area from the registry if he believes the site no longer deserves recognition.  The petition for removal must explain the changes that have occurred since the area was registered.  After considering the petition, the Secretary, upon recommendation of the Natural Heritage Program staff and Natural Heritage Advisory Committee may order removal by signing a rescission order.

(d)  Rescission shall remove the area from the registry, and the owner or administering agency shall be requested to return the certificate.  Anyone who is a person aggrieved by any of the steps in the process described in this Rule may seek an administrative hearing as provided by the Departmental administrative hearing rules as located in 15A NCAC 1B .0200.

 

History Note:        Authority G.S. 113‑3; 113‑8; 113A‑164.4; 113A‑164.5;

Eff. April 4, 1979;

Amended Eff. August 1, 1988; January 1, 1986; October 1, 1984.