Ocean Hill Joint Venture v. North Carolina Department of Environment, Health & Natural Resources

*319FRYE, Justice.

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…