State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_131E > GS_131E-307

§ 131E‑307. Penalties and enforcement.

(a)        The provisions of G.S. 58‑2‑70, modified toreplace the word "Commissioner" by the word "Division",applies to this Article. The Division may, in addition to or in lieu ofsuspending or revoking a license under G.S. 131E‑304, proceed under G.S.58‑2‑70, as so modified, provided that the provider sponsoredorganization has a reasonable time within which to remedy the defect in itsoperations that gave rise to the procedure under G.S. 58‑2‑70.

(b)        Any person who violates this Article shall be guilty of aClass 1 misdemeanor.

(c)        If the Division shall for any reason have cause to believethat any violation of this Article has occurred or is threatened, the Divisionmay give notice to the provider sponsored organization and to therepresentatives or other persons who appear to be involved in such suspectedviolation to arrange a conference with the alleged violators or theirauthorized representatives for the purpose of attempting to ascertain the factsrelating to such suspected violation, and, in the event it appears that anyviolation has occurred or is threatened, to arrive at an adequate and effectivemeans of correcting or preventing such violation.

Proceedings under this subsection shall not be governed by any formalprocedural requirements and may be conducted in such manner as the Division maydeem appropriate under the circumstances.

(d)        The Division may issue an order directing a providersponsored organization or a representative of a provider sponsored organizationto cease and desist from engaging in any act or practice in violation of theprovisions of this Article.

Within 30 days after service of the order of cease and desist, therespondent may request a hearing on the question of whether acts or practicesin violation of this Article have occurred. These hearings shall be conductedpursuant to Chapter 150B of the General Statutes, and judicial review shall beavailable as provided by this Chapter.

(e)        In the case of any violation of the provisions of this Article,if the Division elects not to issue a cease and desist order, or in the eventof noncompliance with a cease and desist order issued pursuant to subsection(d) of this section, the Division may institute a proceeding to obtaininjunctive relief, or seeking other appropriate relief, in the Superior Courtof Wake County. (1998‑227, s.1.)