130686_Other_20211117

STATE OF NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION

COUNTY OF CABARRUS DWR Case Number: DV-202 1 -0066

IN THE MATTER OF ASSESSMENT )
OF CIVIL PENALTIES AGAINST: ) REQUEST FOR ORAL PRESENTATION
)
SAMUEL FLOWE )

I hereby request to make an oral presentation before the Environmental Management Commission’s Committee o n Civil Penalty
Remissions in the matter of the case noted above. In making this request, I assert that I understand all of the following st atements:

• This request will be reviewed by the Chairman of the Environmental Management Commission and may be either granted or denied.

• Making a presentation will require the presence of myself and/or my representative during a Committee meeting held in Ralei gh,
North Carolina.

• My presentation will be limited to discussion of issues and information submitted in my original remission request , and because no
factual issues are in dispute, my presentation will be limited to five (5) minutes in length.

The North Carolina State Bar’s Authorized Practice of Law Committee has ruled that the appearance in a representative capacit y at
quasi-judicial hearings or proceedings is limited to lawyers who are active members of the bar. Proceedings before the Committee on
Remissions are quasi-judicial. You should consider how you intend to present your case to the Committee in light of the State Bar’s
opinion and whether anyone will be speaking in a representative capacity for you or a business or governmental entity. If you or your
representative would like to speak before the Committee, you must complete and return this form within thirty (30) days of re ceipt of
this letter.

Depending on your status as an individual, corporation, partnership or municipality, the State Bar’s Opinion affects how you may
proceed with your oral presentation. See www.ncbar.com/ethics, Authorized Practice Advisory Opinion 2006-1 and 2007 Formal
Ethics Opinion 3.

• If you are an individual or business owne r and are granted an opportunity to make an oral presentation before the Committee,
then you do not need legal representation before the Committee; however, if you intend on having another individual speak
on yo ur behalf regarding the factual situations, such as an expert, engineer or consultant, then you must also be present at the
meeting in order to avoid violating the State Bar’s Opinion on the unauthorized practice of law.

If you are a corporation, partnership or municipality and are granted an opportunity to make an oral presentation before the
Committee, then your representative must consider the recent State Bar’s Opinion and could be considered practicing law witho ut a
license if he or she is not a licen sed attorney. Presentation of facts by non-lawyers is permissible.
If you choose to request an oral presentation, please make sure that signatures on the previously submitted Remission Request form
and this Oral Presentation Request form are: 1) for individuals and business owners, your own signature and 2) for corporations,
partnerships and municipalities, signed by individuals who would not violate the State Bar’s Opinion on the unauthorized prac tice of
law.

Also, be advised that the Committee on Civ il Penalty Remissions may choose not to proceed with hearing your case if the
Committee is informed that a violation of the State Bar occurs.

This the day of , 20 .

SIGNATURE
________________________________________________
TITLE (President, Owner, etc.)

ADDRESS

TELEPHONE ( )