Compilation of Rules and Regulations of the State of Georgia
Department 391 - RULES OF GEORGIA DEPARTMENT OF NATURAL RESOURCES
Chapter 391-5 - HISTORIC PRESERVATION
Subject 391-5-9 - SUBMERGED CULTURAL RESOURCES
Rule 391-5-9-.07 - Appeal and Enforcement
Universal Citation: GA Rules and Regs r 391-5-9-.07
Current through Rules and Regulations filed through March 20, 2024
(1) Appeal Procedures.
(a) Any person who is aggrieved or adversely
affected by any action of the Department shall, upon petition within 30 days
after the taking of such action, have a right to a hearing before an
administrative law judge appointed by the Board of Natural Resources, conducted
in accordance with DNR Rule Chapter 391-1-2 and Chapter 13 of Title 50,
O.C.G.A., the "Georgia Administrative Procedure Act."
(b) Any party to such a hearing, including
the Department, shall have the right of judicial review thereof in accordance
with Chapter 13 of Title 50, O.C.G.A.
(2) Enforcement Procedures.
(a) If the Department determines that a
permittee has violated O.C.G.A. §§
12-3-80 through
12-3-82 or permit condition, then
such permit may be revoked.
(b) Any
person who violates O.C.G.A. §§
12-3-80 through
12-3-83by failing to obtain a
required permit or who intentionally defaces, injures, destroys, displaces, or
removes any underwater cultural resources or portion thereof in any manner not
in accordance with a permit shall be subject to criminal prosecution by a fine
not to exceed $1,000 or by confinement for a term not to exceed 12 months, or
both.
O.C.G.A. Sec. 12-3-80et seq.
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