Rule 391-5-9-.07. Appeal and Enforcement

1. (1) Appeal Procedures.

   1. (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."
   2. (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. (2) Enforcement Procedures.

   1. (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.
   2. (b) Any person who violates O.C.G.A. §§ 12-3-80 through 12-3-83 by 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.

Authority: O.C.G.A. Sec. 12-3-80et seq.

History. Original Rule entitled "Appeal and Enforcement" adopted. F. Feb. 9, 1987; eff. Mar. 1, 1987.