State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104E > GS_104E-24

§104E‑24.  Administrative penalties.

(a)        The Department mayimpose an administrative penalty on any person:

(1)        Who fails to complywith this Chapter, any order issued hereunder, or any rules adopted pursuant tothis Chapter;

(2)        Who refuses to allowan authorized representative of the Radiation Protection Commission or theDepartment of Environment and Natural Resources a right of entry as providedfor in G.S. 104E‑11 or impounding materials as provided for in G.S. 104E‑14.

(b)        Each day of acontinuing violation shall constitute a separate violation. Such penalty shallnot exceed ten thousand dollars ($10,000) per day. In determining the amount ofthe penalty, the Department shall consider the degree and extent of the harmcaused by the violation. Any person assessed a penalty shall be notified of theassessment by registered or certified mail, and the notice shall specify thereasons for the assessment.

(c)        Any person wishingto contest a penalty or order issued under this section shall be entitled to anadministrative hearing and judicial review in accordance with the proceduresoutlined in Articles 3, 3A, and 4 of Chapter 150B of the General Statutes.

(d)        The Secretary maybring a civil action in the superior court of the county in which suchviolation is alleged to have occurred to recover the amount of administrativepenalty whenever a person:

(1)        Who has notrequested an administrative hearing fails to pay the penalty within 60 daysafter being notified of such penalty, or

(2)        Who has requested anadministrative hearing fails to pay the penalty within 60 days after service ofa written copy of the decision as provided in G.S. 150B‑36.

(e)        The clear proceedsof penalties imposed pursuant to this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1981,c. 704, s. 14; 1987, c. 850, s. 14; 1989, c. 727, s. 219(24); 1997‑443,s. 11A.119(a); 1998‑215, s. 47(a).)