State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-178_1

§ 20‑178.1.  Payment andreview of civil penalty imposed by Department of Crime Control and PublicSafety.

(a)        Procedure. – Aperson who is assessed a civil penalty under this Article by the Department ofCrime Control and Public Safety must pay the penalty within 30 calendar daysafter the date the penalty was assessed or make a written request within thistime limit to the Department for a Departmental review of the penalty. A personwho does not submit a request for review within the required time waives theright to a review and hearing on the penalty.

(b)        Department Review.– Any person who denies liability for a penalty imposed by the Department mayrequest an informal review by the Secretary of the Department or theSecretary's designee. The request must be made in writing and must containsufficient information for the Secretary, or the Secretary's designee, todetermine the specific basis upon which liability is being challenged. Uponreceiving a request for informal review, the Secretary, or the Secretary'sdesignee, shall review the record and determine whether the penalty wasassessed in error. If, after reviewing the record, the Secretary, or theSecretary's designee, determines that the assessment or a portion thereof wasnot issued in error, the penalty must be paid within 30 days of the notice ofdecision.

(c)        Judicial Review. – Anyperson who is dissatisfied with the decision of the Secretary and who has paidthe penalty in full within 30 days of the notice of decision, as required bysubsection (b) of this section, may, within 60 days of the decision, bring anaction for refund of the penalty against the Department in the Superior Courtof Wake County or in the superior court of the county in which the civilpenalty was assessed. The court shall review the Secretary's decision and shallmake findings of fact and conclusions of law. The hearing shall be conducted bythe court without a jury. In reviewing the case, the court shall not givedeference to the prior decision of the Secretary. A superior court may awardattorneys' fees to a prevailing plaintiff only upon a showing of bad faith onthe part of the Department, and any order for attorneys' fees must be supportedby findings of fact and conclusions of law.

(d)        Interest. – Interestaccrues on a penalty that is overdue. A penalty is overdue if it is not paidwithin the time required by this section. Interest is payable on a penaltyassessed in error from the date the penalty was paid. The interest rate set inG.S. 105‑241.21 applies to interest payable under this section.

(e)        The clear proceedsof all civil penalties assessed by the Department pursuant to this Article,minus any fees paid as interest, filing fees, attorneys' fees, or othernecessary costs of court associated with the defense of penalties imposed bythe Department pursuant to this Article shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2.  (2009‑376, s. 2(a).)

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-178_1

§ 20‑178.1.  Payment andreview of civil penalty imposed by Department of Crime Control and PublicSafety.

(a)        Procedure. – Aperson who is assessed a civil penalty under this Article by the Department ofCrime Control and Public Safety must pay the penalty within 30 calendar daysafter the date the penalty was assessed or make a written request within thistime limit to the Department for a Departmental review of the penalty. A personwho does not submit a request for review within the required time waives theright to a review and hearing on the penalty.

(b)        Department Review.– Any person who denies liability for a penalty imposed by the Department mayrequest an informal review by the Secretary of the Department or theSecretary's designee. The request must be made in writing and must containsufficient information for the Secretary, or the Secretary's designee, todetermine the specific basis upon which liability is being challenged. Uponreceiving a request for informal review, the Secretary, or the Secretary'sdesignee, shall review the record and determine whether the penalty wasassessed in error. If, after reviewing the record, the Secretary, or theSecretary's designee, determines that the assessment or a portion thereof wasnot issued in error, the penalty must be paid within 30 days of the notice ofdecision.

(c)        Judicial Review. – Anyperson who is dissatisfied with the decision of the Secretary and who has paidthe penalty in full within 30 days of the notice of decision, as required bysubsection (b) of this section, may, within 60 days of the decision, bring anaction for refund of the penalty against the Department in the Superior Courtof Wake County or in the superior court of the county in which the civilpenalty was assessed. The court shall review the Secretary's decision and shallmake findings of fact and conclusions of law. The hearing shall be conducted bythe court without a jury. In reviewing the case, the court shall not givedeference to the prior decision of the Secretary. A superior court may awardattorneys' fees to a prevailing plaintiff only upon a showing of bad faith onthe part of the Department, and any order for attorneys' fees must be supportedby findings of fact and conclusions of law.

(d)        Interest. – Interestaccrues on a penalty that is overdue. A penalty is overdue if it is not paidwithin the time required by this section. Interest is payable on a penaltyassessed in error from the date the penalty was paid. The interest rate set inG.S. 105‑241.21 applies to interest payable under this section.

(e)        The clear proceedsof all civil penalties assessed by the Department pursuant to this Article,minus any fees paid as interest, filing fees, attorneys' fees, or othernecessary costs of court associated with the defense of penalties imposed bythe Department pursuant to this Article shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2.  (2009‑376, s. 2(a).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_20 > GS_20-178_1

§ 20‑178.1.  Payment andreview of civil penalty imposed by Department of Crime Control and PublicSafety.

(a)        Procedure. – Aperson who is assessed a civil penalty under this Article by the Department ofCrime Control and Public Safety must pay the penalty within 30 calendar daysafter the date the penalty was assessed or make a written request within thistime limit to the Department for a Departmental review of the penalty. A personwho does not submit a request for review within the required time waives theright to a review and hearing on the penalty.

(b)        Department Review.– Any person who denies liability for a penalty imposed by the Department mayrequest an informal review by the Secretary of the Department or theSecretary's designee. The request must be made in writing and must containsufficient information for the Secretary, or the Secretary's designee, todetermine the specific basis upon which liability is being challenged. Uponreceiving a request for informal review, the Secretary, or the Secretary'sdesignee, shall review the record and determine whether the penalty wasassessed in error. If, after reviewing the record, the Secretary, or theSecretary's designee, determines that the assessment or a portion thereof wasnot issued in error, the penalty must be paid within 30 days of the notice ofdecision.

(c)        Judicial Review. – Anyperson who is dissatisfied with the decision of the Secretary and who has paidthe penalty in full within 30 days of the notice of decision, as required bysubsection (b) of this section, may, within 60 days of the decision, bring anaction for refund of the penalty against the Department in the Superior Courtof Wake County or in the superior court of the county in which the civilpenalty was assessed. The court shall review the Secretary's decision and shallmake findings of fact and conclusions of law. The hearing shall be conducted bythe court without a jury. In reviewing the case, the court shall not givedeference to the prior decision of the Secretary. A superior court may awardattorneys' fees to a prevailing plaintiff only upon a showing of bad faith onthe part of the Department, and any order for attorneys' fees must be supportedby findings of fact and conclusions of law.

(d)        Interest. – Interestaccrues on a penalty that is overdue. A penalty is overdue if it is not paidwithin the time required by this section. Interest is payable on a penaltyassessed in error from the date the penalty was paid. The interest rate set inG.S. 105‑241.21 applies to interest payable under this section.

(e)        The clear proceedsof all civil penalties assessed by the Department pursuant to this Article,minus any fees paid as interest, filing fees, attorneys' fees, or othernecessary costs of court associated with the defense of penalties imposed bythe Department pursuant to this Article shall be remitted to the Civil Penaltyand Forfeiture Fund in accordance with G.S. 115C‑457.2.  (2009‑376, s. 2(a).)