§ 113-277. Suspension and revocation of licenses and permits in the discretion of the court; suspension of entitlement; court's power concurrent; definition of "conviction"; penalties. - North Carolina Statutes

§ 113‑277. Suspension and revocation of licenses and permits in the discretion of thecourt; suspension of entitlement; court's power concurrent; definition of"conviction"; penalties.

(a)        Upon conviction of any licensee or permittee under thisArticle of a violation of any law or rule administered by the WildlifeResources Commission under the authority of this Subchapter, the court in itsdiscretion may order surrender of that license or permit plus any other licenseor permit issued by the Wildlife Resources Commission. The court may ordersuspension of any license or permit for some stipulated period or may orderrevocation of any license or permit for the remainder of the period for whichit is valid. A period of suspension may extend past the expiration date of alicense or permit, but no period of suspension longer than two years may beimposed. During any period of suspension or revocation, the licensee orpermittee is not entitled to purchase or apply for any replacement, renewal, oradditional license or permit regulating the same activity covered by thesuspended or revoked license or permit. The Wildlife Resources Commission mayby administrative action and by rule devise procedures designed to implementlicense or permit suspensions and revocations that may be ordered by thecourts.

(a1)      Upon conviction of any person who is not a licensee orpermittee under this Article of a violation of any law or rule administered bythe Wildlife Resources Commission under the authority of this Subchapter, the courtin its discretion may suspend the entitlement of the defendant to possess orprocure any specified licenses and permits issued by the Wildlife ResourcesCommission for a period not to exceed two years.

(a2)      A suspension or revocation by a court under this section maybe ordered to run concurrently or consecutively with any suspension under G.S.113‑276.3 or any action under G.S. 113‑276.2. If no provision ismade, G.S. 113‑276.3(e) applies, but action by the Executive Director orthe Wildlife Resources Commission under G.S. 113‑276.2 may not bepreempted.

(a3)      As used in this Article, the term "conviction" hasthe same meaning assigned to it in G.S. 113‑171.

(a4)      The Wildlife Resources Commission shall order the surrenderof any license or permit issued under this Article to a person whose licensingprivileges have been forfeited under G.S. 15A‑1331A for the periodspecified by the court.

(b)        It is a Class 1 misdemeanor for any person during a periodof suspension or revocation under the terms of this Article:

(1)        To engage in any activity licensed in this Article withoutthe appropriate license or permit;

(2)        Knowingly to make any application for a license or permit towhich he is not entitled;

(3)        Knowingly to make any false, fraudulent, or misleading statementin applying for a license or permit under this Article;

(4)        To counterfeit, alter, or falsify any application, license,or permit under this Article;

(5)        Knowingly to retain and use any license or permit which hasbeen ordered revoked or suspended under the terms of this Article; or

(6)        Willfully to circumvent the terms of suspension orrevocation in any manner whatsoever. (1965, c. 957, s. 2; 1973, c. 1262, s. 18; 1979, c. 830, s. 1; 1981, c.424, s. 2; 1987, c. 827, s. 98; 1993, c. 539, s. 858; 1994, Ex. Sess., c. 20,s. 4; c. 24, s. 14(c); 1998‑225, s. 3.10.)