§ 106‑284.44. Penalties; enforcement of Article; judicial review; confidentiality ofinformation.
(a) Any person who shall be adjudged to have violated anyprovision of this Article, or any regulation of the Board adopted pursuant tothis Article, shall be guilty of a Class 2 misdemeanor. In addition, if anyperson continues to violate or further violates any provision of this Articleafter written notice from the Commissioner, or his duly designated agent, thecourt may determine that each day during which the violation continued or isrepeated constitutes a separate violation subject to the foregoing penalties.
(b) Nothing in this Article shall be construed as requiring theCommissioner or his representative to: (i) report for prosecution, or (ii)institute seizure proceedings, or (iii) issue a withdrawal from distributionorder, as a result of minor violations of the Article, or when he believes thepublic interest will best be served by suitable notice of warning in writing.
(c) It shall be the duty of each district attorney to whom anyviolation is reported to cause appropriate proceedings to be instituted andprosecuted in a court of competent jurisdiction without delay. Before theCommissioner reports a violation for such prosecution, an opportunity shall begiven the distributor to present his view to the Commissioner or his designatedagent.
(d) The Commissioner is hereby authorized to apply for and thecourt to grant a temporary restraining order and a preliminary or permanentinjunction restraining any person from violating or continuing to violate anyof the provisions of this Article or any rule or regulation promulgated underthe Article notwithstanding the existence of other remedies at law.
(e) Any person adversely affected by an act, order, or rulingmade pursuant to the provisions of this Article may within 30 days thereafterbring action in the Superior Court of Wake County for judicial review of suchact, order or ruling according to the provisions of Chapter 150B of the GeneralStatutes.
(f) Any person who uses to his own advantage, or reveals toother than the Board, or officers of the other State agencies whose requestsare deemed justifiable by the Commissioner, or to the courts when relevant inany judicial proceeding, any information acquired under the authority of thisArticle, concerning any method, records, formulations, or processes which as atrade secret is entitled to protection, is guilty of a Class 2 misdemeanor;provided, that this prohibition shall not be deemed as prohibiting theCommissioner, or his duly authorized agent, from exchanging information of aregulatory nature with duly appointed officials of the United Statesgovernment, or of the other states, who are similarly prohibited by law fromrevealing this information. (1973, c. 47, s. 2; c. 771, s. 15; c. 1331, s. 3; 1987, c. 827, s. 1;1993, c. 539, ss. 760, 761; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 106‑284.44. Penalties; enforcement of Article; judicial review; confidentiality ofinformation.
(a) Any person who shall be adjudged to have violated anyprovision of this Article, or any regulation of the Board adopted pursuant tothis Article, shall be guilty of a Class 2 misdemeanor. In addition, if anyperson continues to violate or further violates any provision of this Articleafter written notice from the Commissioner, or his duly designated agent, thecourt may determine that each day during which the violation continued or isrepeated constitutes a separate violation subject to the foregoing penalties.
(b) Nothing in this Article shall be construed as requiring theCommissioner or his representative to: (i) report for prosecution, or (ii)institute seizure proceedings, or (iii) issue a withdrawal from distributionorder, as a result of minor violations of the Article, or when he believes thepublic interest will best be served by suitable notice of warning in writing.
(c) It shall be the duty of each district attorney to whom anyviolation is reported to cause appropriate proceedings to be instituted andprosecuted in a court of competent jurisdiction without delay. Before theCommissioner reports a violation for such prosecution, an opportunity shall begiven the distributor to present his view to the Commissioner or his designatedagent.
(d) The Commissioner is hereby authorized to apply for and thecourt to grant a temporary restraining order and a preliminary or permanentinjunction restraining any person from violating or continuing to violate anyof the provisions of this Article or any rule or regulation promulgated underthe Article notwithstanding the existence of other remedies at law.
(e) Any person adversely affected by an act, order, or rulingmade pursuant to the provisions of this Article may within 30 days thereafterbring action in the Superior Court of Wake County for judicial review of suchact, order or ruling according to the provisions of Chapter 150B of the GeneralStatutes.
(f) Any person who uses to his own advantage, or reveals toother than the Board, or officers of the other State agencies whose requestsare deemed justifiable by the Commissioner, or to the courts when relevant inany judicial proceeding, any information acquired under the authority of thisArticle, concerning any method, records, formulations, or processes which as atrade secret is entitled to protection, is guilty of a Class 2 misdemeanor;provided, that this prohibition shall not be deemed as prohibiting theCommissioner, or his duly authorized agent, from exchanging information of aregulatory nature with duly appointed officials of the United Statesgovernment, or of the other states, who are similarly prohibited by law fromrevealing this information. (1973, c. 47, s. 2; c. 771, s. 15; c. 1331, s. 3; 1987, c. 827, s. 1;1993, c. 539, ss. 760, 761; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 106‑284.44. Penalties; enforcement of Article; judicial review; confidentiality ofinformation.
(a) Any person who shall be adjudged to have violated anyprovision of this Article, or any regulation of the Board adopted pursuant tothis Article, shall be guilty of a Class 2 misdemeanor. In addition, if anyperson continues to violate or further violates any provision of this Articleafter written notice from the Commissioner, or his duly designated agent, thecourt may determine that each day during which the violation continued or isrepeated constitutes a separate violation subject to the foregoing penalties.
(b) Nothing in this Article shall be construed as requiring theCommissioner or his representative to: (i) report for prosecution, or (ii)institute seizure proceedings, or (iii) issue a withdrawal from distributionorder, as a result of minor violations of the Article, or when he believes thepublic interest will best be served by suitable notice of warning in writing.
(c) It shall be the duty of each district attorney to whom anyviolation is reported to cause appropriate proceedings to be instituted andprosecuted in a court of competent jurisdiction without delay. Before theCommissioner reports a violation for such prosecution, an opportunity shall begiven the distributor to present his view to the Commissioner or his designatedagent.
(d) The Commissioner is hereby authorized to apply for and thecourt to grant a temporary restraining order and a preliminary or permanentinjunction restraining any person from violating or continuing to violate anyof the provisions of this Article or any rule or regulation promulgated underthe Article notwithstanding the existence of other remedies at law.
(e) Any person adversely affected by an act, order, or rulingmade pursuant to the provisions of this Article may within 30 days thereafterbring action in the Superior Court of Wake County for judicial review of suchact, order or ruling according to the provisions of Chapter 150B of the GeneralStatutes.
(f) Any person who uses to his own advantage, or reveals toother than the Board, or officers of the other State agencies whose requestsare deemed justifiable by the Commissioner, or to the courts when relevant inany judicial proceeding, any information acquired under the authority of thisArticle, concerning any method, records, formulations, or processes which as atrade secret is entitled to protection, is guilty of a Class 2 misdemeanor;provided, that this prohibition shall not be deemed as prohibiting theCommissioner, or his duly authorized agent, from exchanging information of aregulatory nature with duly appointed officials of the United Statesgovernment, or of the other states, who are similarly prohibited by law fromrevealing this information. (1973, c. 47, s. 2; c. 771, s. 15; c. 1331, s. 3; 1987, c. 827, s. 1;1993, c. 539, ss. 760, 761; 1994, Ex. Sess., c. 24, s. 14(c).)
