§ 113-276.2. Licensees and permittees subject to administrative control; refusal to issue or reissue, suspension, and revocation of their licenses and permits; court orders of suspension. - North Carolina Statutes

§ 113‑276.2.  Licensees and permittees subjectto administrative control; refusal to issue or reissue, suspension, andrevocation of their licenses and permits; court orders of suspension.

(a)        This section applies to the administrative control of:

(1)        Persons, other than individual hunters and fishermen takingwildlife as sportsmen, holding permits under this Article;

(2)        Individuals holding special device licenses under G.S. 113‑272.2(c)(1),(1a), (2), and (2a);

(3)        Individuals holding collection licenses under G.S. 113‑272.4;

(4)        Individuals holding captivity licenses under G.S. 113‑272.5and G.S. 113‑272.6; and

(5)        Persons holding dealer licenses under G.S. 113‑273.

(b)        Before issuing any license or permit to persons subject toadministrative control under this section, the Executive Director must satisfyhimself that the person meets the qualifications set by statute, rule, or hisadministrative guidelines. If the person fails to meet the qualifications or ifthe Executive Director learns of some other cause for believing that issuingthe license or permit would be contrary to the best interests of theconservation of wildlife resources, he must refuse to issue the license orpermit.

(c)        Before reissuing any license or permit to any person subjectto administrative control, the Executive Director must review all availableinformation and apply the same standards that governed initial issuance of thelicense or permit before he may reissue it.

(d)        Upon refusing to issue or reissue a license or permit underthis section, the Executive Director must notify the person in writing of thereasons for his action and inform him that if he is dissatisfied with theExecutive Director's decision he may commence a contested case on the refusalby filing a petition under G.S. 150B‑23 within 10 days of receiving thenotice. The notice must be personally served by a law enforcement officer or anagent of the Wildlife Resources Commission or sent by mail with return receiptrequested.

(e)        The Executive Director shall revoke a license or permitissued to a person subject to administrative control if he finds that theperson does not meet the qualifications for the license or permit, hascommitted a substantial criminal violation of this Subchapter or a rule adoptedunder the Subchapter, or has seriously or persistently failed to comply withthe terms and conditions upon which the license or permit was issued. Beforerevoking a license or permit, the Executive Director shall notify the licenseeor permittee of his findings and his intention to revoke the license or permit.The notice must be personally served by a law enforcement officer or an agentof the Wildlife Resources Commission or sent by mail with return receiptrequested. A licensee or permittee who disagrees with the Executive Director'sfindings may commence a contested case on revocation by filing a petition underG.S. 150B‑23 within 10 days of receiving the notice. Revocation orsuspension of a license or permit by a court under G.S. 113‑277 runsconcurrently with a revocation under this section.

(f)         Repealed by Session Laws 1987, c. 827, s. 8.

(g)        Upon revocation of a license or permit, the ExecutiveDirector or his agent must request return of the license or permit and allassociated forms, tags, record books, inventories, invoice blanks, and otherproperty furnished by the Wildlife Resources Commission or required to be keptby the Commission solely in connection with the license or permit. If theperson needs to retain a copy of the property returned to the WildlifeResources Commission for tax purposes or other lawful reason, the person maycopy items returned if the copies are clearly marked in a manner that theycould not be mistaken for the originals. In securing property to be returned orin otherwise closing out the affairs conducted under the license or permit,agents of the Wildlife Resources Commission may enter at reasonable hours thepremises of the person in which wildlife resources or items of propertypertaining to the license or permit are kept, or reasonably believed to bekept, to inspect, audit, inventory, remove, or take other appropriate action.Any wildlife resources in the possession of the person which he may no longerpossess must be disposed of in accordance with the most nearly appropriate provisionof G.S. 113‑137. If a person fails to return to an agent of the WildlifeResources Commission all wildlife resources and other property covered by thissubsection; refuses to allow entry by the agent to inspect, audit, removeproperty, or perform other duties; or otherwise obstructs an agent of theWildlife Resources Commission in performing his duties under this subsection,he is guilty of a Class 2 misdemeanor. Each day's violation is a separateoffense.

(h)        No person refused issuance or reissuance of a license orpermit under this section, or whose license or permit was revoked, is eligibleto apply again for that or any similar license or permit for two years. Uponapplication, the Executive Director may not grant the license or permit unlessthe person produces clear evidence, convincing to the Executive Director, thathe meets all standards and qualifications and will comply with all requirementsof statutes, rules, and reasonable administrative directives pertaining to thelicense or permit.

(i)         The Executive Director is required to make necessaryinvestigations and cause necessary disclosure of information by all personssubject to administrative control, and all applicants for a license or permitthat would place them in this category, to determine that the real party ininterest is seeking or has been issued the license or permit. Any attempt tocircumvent the provisions of this section is a Class 1 misdemeanor.

(j)         If the Executive Director determines that the effectiveconservation of wildlife resources would be seriously impaired by continuedunfettered operations or by continued possession of property by the personsubject to administrative control, the Executive Director may apply to theappropriate court for an order:

(1)        Placing special reporting and inspection requirements on theperson; or

(2)        Impounding some or all of the records or other propertyassociated with the license or permit; or

(3)        Limiting the scope of operations under the license orpermit; or

(4)        If there is clear evidence of a serious threat to theconservation of wildlife resources, suspending the operations of the personunder the license or permit; or

(5)        Placing other appropriate restrictions, prohibitions, orrequirements upon the person. (1979, c. 830, s.1; 1987, c. 827, ss. 8, 98; 1993, c. 539, ss. 856, 857; 1994, Ex. Sess., c. 24,s. 14(c); 1999‑456, s. 31; 2003‑344, s. 6.)