Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural Resources
Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural Resources
Opinion of the Court
This case presents two issues for our review. First, does N.C.G.S. § 1-54(2), a one-year statute of limitations, apply to the administrative assessment of civil penalties pursuant to N.C.G.S. § 113A-64(a)? Second, if N.C.G.S. § 1-54(2) is applicable, does it bar the assessment of civil penalties more than one year after the date of the last event giving rise to the penalty? Because we conclude that N.C.G.S. § 1-54(2) is not applicable to the assessment of civil penalties by an administrative agency, we do not reach the second issue.
The facts are not in dispute. On 3 February 1987, personnel of the Department of Natural Resources and Community Development [NRCD, hereinafter referred to as “DEHNR” or “the Department”]
On 10 January 1990, pursuant to N.C.G.S. § 113A-64(a) and acting pursuant to a delegation of authority under 15A NCAC 4C .0003 (1988), the Director assessed a civil penalty against Ocean Hill for one hundred dollars per day for the eighty-seven-day period during which Ocean Hill was in violation of the Act, totalling eight thousand seven hundred dollars. On 13 March 1990 Ocean Hill
Ocean Hill filed a petition for judicial review in superior court, as authorized by N.C.G.S. § 150B-45. The matter was heard before Judge Thomas S. Watts at the 14 January 1991 Civil Session of Superior Court, Currituck County. Judge Watts affirmed the Consent Order and Final Decision after determining that N.C.G.S. § 1-54(2) “does not apply to the assessment of a civil penalty by the Secretary of the Department pursuant to G.S. 113A-64(a).” On appeal, the Court of Appeals reversed, holding that the one-year statute of limitations 1) applies to administrative actions taken pursuant to N.C.G.S. § 113A-64(a), and 2) bars the assessment of a civil penalty more than one year after the date of the last violation. Ocean Hill, 105 N.C. App. at 283, 412 S.E.2d at 685. Thus, the Court of Appeals reversed both the trial court and the Administrative Law Judge and remanded for entry of an order dismissing the assessment. DEHNR’s petitions for writ of supersedeas and for discretionary review were allowed by this Court on 21 April 1992. We now reverse the Court of Appeals.
N.C.G.S. § 1-54 prescribes a statute of limitations as follows:
Within one year an action or proceeding—
(2) Upon a statute, for a penalty or forfeiture, where the action is given to the State alone . . . except where the statute imposing it prescribes a different limitation.
An “action” as defined in N.C.G.S. § 1-2 “is an ordinary proceeding in a court of justice . . . .” (Emphasis added.) Although “proceeding” itself is not defined in Chapter 1, the terms “ordinary proceeding” and “special proceeding” are both used. The definition of “action” encompasses “ordinary” proceedings while a “special proceeding” includes every other remedy in a court of justice. See N.C.G.S. §§ 1-1 to 1-3 (1983); see also Tate v. Powe, 64 N.C. 644 (1870). From these definitions we conclude that, as the term is used in Chapter 1 of the General Statutes, a “proceeding,” like an “action,” must take place in a court of justice.
We have recognized that “[ajrticle IV, section 3 of the Constitution contemplates that discretionary judicial authority may be granted to an agency when reasonably necessary to accomplish the agency’s purposes.” In the Matter of Appeal from the Civil Penalty Assessed for Violations of the SPCA, 324 N.C. 373, 379, 379 S.E.2d 30, 34 (1989). However, an agency so empowered is not a part of the “general court of justice.” N.C. Const, art. IV, § 2. In fact, “[a]ppeals from administrative agencies shall be to the general court of justice.” N.C. Const, art. IV, § 3 (emphasis added). Thus, the grant of limited judicial authority to an administrative agency does not transform the agency into a court for purposes of the statute of limitations. The issuance, by the agency, of a notice of civil penalty is not the institution of an action or proceeding in a court. Rather, the notice gives rise to the right of a person against whom the penalty has been assessed to institute a contested case proceeding under the Administrative Procedure Act. N.C.G.S. § 150B-22 (1991).
In concluding that N.C.G.S. § 1-54(2) applies to the assessment of civil penalties under the SPCA, the Court of Appeals relied, in part, on Holley v. Coggin Pontiac, 43 N.C. App. 229, 259 S.E.2d 1, disc, review denied, 298 N.C. 806, 261 S.E.2d 919 (1979). In Holley the court held that the one-year statute of limitations in
Ocean Hill argues that to focus on the “action or proceeding” language in N.C.G.S. § 1-54 or on whether an administrative agency is a court is to focus on form rather than substance and reality. Ocean Hill contends that the focus should be on whether or not the assessment was upon a statute for a penalty given to the State alone. We disagree. We are, of course, bound by the language of the statute. See Correll v. Division of Social Services, 332 N.C. 141, 418 S.E.2d 232 (1992). “Statutory interpretation properly begins with an examination of the plain words of the statute.” Id. at 144, 418 S.E.2d at 235. By its express terms, N.C.G.S. § 1-54 applies to an “action or proceeding.” We cannot ignore this language. The statute makes no reference to the “assessment” of a penalty. The question is whether the assessment of a penalty by an administrative agency is -an “action or proceeding” as those terms are used in this statute of limitations. We observe, as did the Court of Appeals, that “a statute of limitations should not be applied to cases not clearly within its provisions.” Carolina Beach Fishing Pier v. Town of Carolina Beach, 274 N.C. 362, 372, 163 S.E.2d 363, 370 (1968). In addition, we note that in light of the common law immunity
Although N.C.G.S. § 1-54 may apply
We note in passing that an aspect of this issue has been addressed on similar facts by several federal courts. Although there is a split among the circuits,
We note that the parties in Meyer conceded that the statute of limitations, as applied to the EAA, at least required that administrative action be initiated within five years of the alleged violation. Meyer, 808 F.2d at 914. Since administrative action was initiated within that five-year period, the court did not discuss whether the statute of limitations, as applied to the EAA, did in fact include such a requirement. Rather, the court merely observed that such a view was reasonable as a matter of policy. Id. No such concession was made by the parties in this case. In fact, that is the issue presently before us.
We conclude that the one-year statute of limitations contained in N.C.G.S. § 1-54(2) does not apply to the assessment of a civil penalty by the Secretary of DEHNR pursuant to N.C.G.S. § 113A-64(a) because the assessment of the penalty is not an “action or proceeding” as those terms are used in N.C.G.S. § 1-54. Therefore the Court of Appeals erred in applying N.C.G.S. § 1-54(2) to bar the administrative assessment of civil penalties pursuant to N.C.G.S. § 113-64(a). The decision of the Court of Appeals is therefore reversed.
. NRCD was the predecessor agency to the Department of Environment, Health and Natural Resources (DEHNR). NRCD was merged into a new agency, DEHNR, on 1 July 1989 and its duties transferred to DEHNR. 1989 N.C. Sess. Laws ch. 727. Section 227 of Chapter 727 ratified the actions of NRCD taken prior to the change and adopted them as actions of DEHNR.
. N.C.G.S. § 113-64(a) was amended in 1991 to include a three-year statute of limitations on the State’s ability to institute an action to recover unpaid civil penalties assessed pursuant to the Act. 1991 N.C. Sess. Laws ch. 725, § 5. Thus, while the general one-year statute of limitations might have been applicable to actions to recover unpaid civil penalties prior to the 1991 amendment, the internal three-year statute of limitations now controls. N.C.G.S. § 1-54(2).
. The split among the Circuits is represented by the decisions of the Fifth Circuit in United States v. Core Laboratories, Inc., 759 F.2d 480 (5th Cir. 1985), and the First Circuit in United States v. Meyer, 808 F.2d 912 (1st Cir. 1987).
. The regulations of the Export Administration Act (EAA) at issue in Meyer were codified at 50 U.S.C. app. §§ 2401-2420 (1982), as amended by the Export Administration Amendments Act, Pub.L. No. 99-64, 99 Stat. 120 (12 July 1985).
Dissenting Opinion
dissenting.
I dissent for the reasons stated by Judge Walker in the opinion of the Court of Appeals.
Reference
- Full Case Name
- OCEAN HILL JOINT VENTURE v. NORTH CAROLINA DEPARTMENT OF ENVIRONMENT, HEALTH AND NATURAL RESOURCES, an Agency of the State of North Carolina and WILLIAM W. COBEY, JR., Secretary of the North Carolina Department of Environment, Health and Natural Resources
- Cited By
- 28 cases
- Status
- Published