113-425. Registry of landmen required.
(a) Establishment of Registry. - The Department of Environmental Quality, in consultation with the Consumer Protection Division of the North Carolina Department of Justice, shall establish and maintain a registry of landmen operating in this State. As used in this section, "landman" means a person that, in the course and scope of the person's business, does any of the following:
(1) Acquires or manages oil or gas interests.
(2) Performs title or contract functions related to the exploration, exploitation, or disposition of oil or gas interests.
(3) Negotiates for the acquisition or divestiture of oil or gas rights, including the acquisition or divestiture of land or oil or gas rights for a pipeline.
(4) Negotiates business agreements that provide for the exploration for or development of oil or gas.
(b) Registration Required. - A person may not act, offer to act, or hold oneself out as a landman in this State unless the person is registered with the Department in accordance with this section. To apply for registration as a landman, a person shall submit an application to the Department on a form to be provided by the Department, which shall include, at a minimum, all of the following information:
(1) The name of the applicant or, if the applicant is not an individual, the names and addresses of all principals of the applicant.
(2) The business address, telephone number, and electronic mail address of the applicant.
(3) The social security number of the applicant or, if the applicant is not an individual, the federal employer identification number of the applicant.
(4) A list of all states and other jurisdictions in which the applicant holds or has held a similar registration or license.
(5) A list of all states and other jurisdictions in which the applicant has had a similar registration or license suspended or revoked.
(6) A statement whether any pending judgments or tax liens exist against the applicant.
(c) The Department may deny registration to an applicant, reprimand a registrant, suspend or revoke a registration, or impose a civil penalty on a registrant if the Department determines that the applicant or registrant does any of the following:
(1) Fraudulently or deceptively obtains, or attempts to obtain, a registration.
(2) Uses or attempts to use an expired, suspended, or revoked registration.
(3) Falsely represents oneself as a registered landman.
(4) Engages in any other fraud, deception, misrepresentation, or knowing omission of material facts related to oil or gas interests.
(5) Had a similar registration or license denied, suspended, or revoked in another state or jurisdiction.
(6) Otherwise violates this section.
(d) An applicant may challenge a denial, suspension, or revocation of a registration or a reprimand issued pursuant to subsection (c) of this section, as provided in Chapter 150B of the General Statutes.
(e) The Department shall adopt rules as necessary to implement the provisions of this section. (2012-143, s. 4(g); 2015-241, s. 14.30(u).)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 113 - Conservation and Development
Article 27 - Oil and Gas Conservation.
§ 113-378 - Persons drilling for oil or gas to register and furnish bond.
§ 113-379 - Filing log of drilling and development of each well.
§ 113-380 - Violation a misdemeanor.
§ 113-382 - Declaration of policy.
§ 113-391 - Jurisdiction and authority; rules and orders.
§ 113-392 - Protecting pool owners; drilling units in pools; location of wells; shares in pools.
§ 113-393 - Development of lands as drilling unit by agreement or order of Commission.
§ 113-394 - Limitations on production; allocating and prorating "allowables."
§ 113-395 - Permits, fees, and notice required for oil and gas activities.
§ 113-395.1 - Miscellaneous permit requirements.
§ 113-395.2 - Subsurface injection of waste prohibited.
§ 113-395.3 - Environmental compliance review requirements for applicants and permit holders.
§ 113-395.4 - Seismic or geophysical data collection.
§ 113-396 - Wells to be kept under control.
§ 113-397 - Hearing in emergency.
§ 113-398 - Procedure and powers in hearings by Department.
§ 113-399 - Suits by Department.
§ 113-400 - Assessing costs of hearings.
§ 113-401 - Party to hearings; review.
§ 113-402 - Administrative review.
§ 113-406 - Effect of pendency of judicial review; stay of proceedings.
§ 113-409 - Punishment for making false entries, etc.
§ 113-410 - Penalties for other violations.
§ 113-411 - Dealing in or handling of illegal oil, gas or product prohibited.
§ 113-412 - Seizure and sale of contraband oil, gas and product.
§ 113-414 - Filing list of renewed leases in office of register of deeds.
§ 113-420 - Notice and entry to property.
§ 113-423 - Required lease terms.
§ 113-423.1 - Surface activities.
§ 113-425 - Registry of landmen required.