Administrative Enforcement Proceedings

The Director shall report all violations of this Title to the Attorney General. In appropriate cases approved by the Attorney General, the Director may enforce this Title through administrative proceedings as provided in this Chapter.

The Director shall notify the alleged violator of the date of the adjudicatory administrative hearing at least 10 days before the hearing unless the alleged violator waives this notice period. The alleged violator has the right to appear, be heard, produce evidence and be represented by counsel. The Director may adopt regulations regarding the conduct of these proceedings.

If the person alleged to have committed the offense admits, in writing, to committing the violation(s) and consents to the summary proceedings, the Director may impose an administrative penalty as set out in regulations. In addition to payment of an administrative penalty, the Director may require payment of an agreed-upon fair market value of any fish caught. The Director may void the decision to proceed with summary administrative enforcement proceedings if the full amount of the penalty, including the value of any fish caught, is not paid within 30 days after notification of the penalty assessment. Any person who submits to the summary administrative proceedings shall not fish in fishery waters until the administrative penalty is paid in full.