STATE OF NORTH CAROLINA

IN THE OFFICE OF
ADMINISTRATIVE HEARINGS

COUNTY OF WALE
Intersal, Inc.
PETITIONER,
v.
North Carolina Department of Cultural Resources,
RESPONDENT.

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PETITION
FOR A
CONTESTED CASE HEARING

Petitioner hereby requests a contested case hearing as provided for by North Carolina General Statute 150B-23 because the Respondent
has:
1.
Committed, and continues to commit, numerous, repeated violations of the October 15, 2013 Settlement Agreement
(Agreement) among the Respondent and Petitioner, and Rick Allen and Nautilus Productions, LLC (collectively, Nautilus), relating to
media rights arising out of the discovery of Queen Annes Revenge (QAR), settling the prior matter styled Intersal v. N.C. Dept of Cultural
Resources (13DCR15732), all in complete and wanton disregard of the rights of Petitioner, pursuant to the Agreement and Petitioners
intellectual property rights.
2.
Respondents violations include, but are not limited to, displaying QAR digital media on internet websites and internet
media other than DCRs own website, in violation of Paragraph IV.16.b.2 of the Agreement; and doing so without time code stamp or
watermark included, in violation of Paragraph IV.16.b.1 of the Agreement.
3.
Provisions of the proposed permit renewal, Permit Number 14BU1584 (Renewal), permitting Petitioner to search for the
Spanish vessel El Salvador, violate the Agreement.
(4) Amount in controversy $14,000,000.00.
(5) Because of these facts, the State agency or board has: (check at least one from each column)
_____deprived me of property;
_____exceeded its authority or jurisdiction;
_____ordered me to pay a fine or civil penalty; or
_____acted erroneously;
__X otherwise substantially prejudiced my rights;
AND
_____failed to use proper procedure;
_____acted arbitrarily or capriciously; or
__X___failed to act as required by law or rule.
This the 25th day of February, 2015.

______________________________
David H. Harris, Jr.
Counsel for Petitioner
State Bar No. 9841
Linck Harris Law Group, PLLC
2530 Meridian Parkway, Suite 300
Durham, North Carolina 27713
919-806-4220
866-274-0756 (Fax)
dharris@linckharris.com

CERTIFICATE OF SERVICE
I certify that this Petition has been served on the State agency or board named below by depositing a copy of it with the United
States Postal Service with sufficient postage affixed:
Jennifer M. Fontes
Executive Assistant to the Secretary
NC Department of Cultural Resources
4601 Mail Service Center
Raleigh, NC 27699-4601
North Carolina Attorney Generals Office
9001 Mail Service Center
Raleigh, NC 27699-9001
This the 25th day of February, 2015.

______________________________
David H. Harris, Jr.
Counsel for Petitioner
State Bar No. 9841
Linck Harris Law Group, PLLC
2530 Meridian Parkway, Suite 300
Durham, North Carolina 27713
919-806-4220
866-274-0756 (Fax)
dharris@linckharris.com

This box for OAH use only.

Amount Paid $__________

Indigent (must complete form HOI )

Cash receipt number _____________________________

Mandated federal cause of action

Money Order Certified Check Attorney Trust Account

Received by:___________________________________________
Check number_____________________________________