Bill Text | History of Actions | Background | Title |
Description: Marine resources; provide administrative hearing procedure for violations of marine resources laws.
Bill Text: [Introduced]
| 1 | 01/21 (H) Referred To Conservation and Water Resources | |
| 2 | 02/05 (H) Died In Committee |
| Effective date | July 1, 2002 | |
| Disposition | Dead | |
| Deadline | General Bill/Constitutional Amendment | |
| Revenue | No | |
| Vote type required | Majority |
House Committee:
Principal Author: Ellington
Title: AN ACT TO ESTABLISH AN ADMINISTRATIVE HEARING PROCEDURE FOR THE COMMISSION ON NATURAL RESOURCES TO ENFORCE ITS RULES AND REGULATIONS AND ANY STATUTES WITHIN THE COMMISSION'S JURISDICTION; TO PROVIDE THAT THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF MARINE RESOURCES SHALL REVIEW EACH COMPLAINT TO DETERMINE IF THERE ARE REASONABLE GROUNDS TO INDICATE THAT A VIOLATION HAS OCCURRED; TO PROVIDE THAT WHEN REASONABLE GROUNDS EXIST, THE EXECUTIVE DIRECTOR MAY RECOMMEND A FINE NOT TO EXCEED $25,000.00 PER VIOLATION; TO ALLOW THE ALLEGED VIOLATOR TO REQUEST AN INFORMAL SETTLEMENT CONFERENCE WITH THE EXECUTIVE DIRECTOR AND TO ALLOW THE EXECUTIVE DIRECTOR DISCRETION TO REVISE THE RECOMMENDED PENALTY; TO ALLOW THE ALLEGED VIOLATOR TO REQUEST A HEARING BEFORE THE COMMISSION; TO REQUIRE THE COMMISSION TO SCHEDULE A HEARING UPON REQUEST OF AN ALLEGED VIOLATOR; TO REQUIRE A MAJORITY VOTE OF THE COMMISSION BEFORE ASSESSING A PENALTY AND ISSUE A WRITTEN OPINION REGARDING THE ASSESSMENT OF THE PENALTY; TO ALLOW THE WAIVER OF THE RIGHT TO AN INFORMAL SETTLEMENT CONFERENCE OR A HEARING; TO PROVIDE FOR JUDICIAL REVIEW OF ANY FINAL DECISION OF THE COMMISSION; TO AUTHORIZE THE IMPOSITION OF A CIVIL PENALTY; TO PROVIDE THAT CRIMINAL AND CIVIL PENALTIES BE PAID INTO THE SEAFOOD FUND; TO PROVIDE CRIMINAL IMMUNITY FOR WITNESSES SUBPOENAED BY THE COMMISSION; AND FOR RELATED PURPOSES.
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2002/html/History/HB/HB1485.htm