State Codes and Statutes

Statutes > North-carolina > Chapter_53 > GS_53-208_25

§ 53‑208.25. Enforcement.

(a)        If it appears tothe Commissioner that any person has committed or is about to commit aviolation of any provision of this Article or of any rule or order of theCommissioner, the Commissioner may apply to the Wake County Superior Court foran order enjoining the person from violating or continuing to violate thisArticle or any rule, regulation, or order and for injunctive or such otherrelief as the nature of the case may require.

(b)        The Commissionermay enter into consent orders at any time with any person to resolve any matterarising under this Article. A consent order shall be signed by the person towhom it is issued or a duly authorized representative and shall indicateagreement to the terms contained therein. A consent order need not constitutean admission by any person that any provision of this Article, or any rule,regulation, or order promulgated or issued thereunder has been violated, norneed it constitute a finding by the Commissioner that the person has violatedany provision of this Article or any rule, regulation, or order promulgated orissued thereunder.

(c)        Notwithstanding theissuance of a consent order, the Commissioner may seek civil or criminalpenalties or compromise civil penalties concerning matters encompassed by theconsent order, unless the consent order by its terms expressly precludes theCommissioner from so doing. (2001‑443, s. 2.)

State Codes and Statutes

Statutes > North-carolina > Chapter_53 > GS_53-208_25

§ 53‑208.25. Enforcement.

(a)        If it appears tothe Commissioner that any person has committed or is about to commit aviolation of any provision of this Article or of any rule or order of theCommissioner, the Commissioner may apply to the Wake County Superior Court foran order enjoining the person from violating or continuing to violate thisArticle or any rule, regulation, or order and for injunctive or such otherrelief as the nature of the case may require.

(b)        The Commissionermay enter into consent orders at any time with any person to resolve any matterarising under this Article. A consent order shall be signed by the person towhom it is issued or a duly authorized representative and shall indicateagreement to the terms contained therein. A consent order need not constitutean admission by any person that any provision of this Article, or any rule,regulation, or order promulgated or issued thereunder has been violated, norneed it constitute a finding by the Commissioner that the person has violatedany provision of this Article or any rule, regulation, or order promulgated orissued thereunder.

(c)        Notwithstanding theissuance of a consent order, the Commissioner may seek civil or criminalpenalties or compromise civil penalties concerning matters encompassed by theconsent order, unless the consent order by its terms expressly precludes theCommissioner from so doing. (2001‑443, s. 2.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_53 > GS_53-208_25

§ 53‑208.25. Enforcement.

(a)        If it appears tothe Commissioner that any person has committed or is about to commit aviolation of any provision of this Article or of any rule or order of theCommissioner, the Commissioner may apply to the Wake County Superior Court foran order enjoining the person from violating or continuing to violate thisArticle or any rule, regulation, or order and for injunctive or such otherrelief as the nature of the case may require.

(b)        The Commissionermay enter into consent orders at any time with any person to resolve any matterarising under this Article. A consent order shall be signed by the person towhom it is issued or a duly authorized representative and shall indicateagreement to the terms contained therein. A consent order need not constitutean admission by any person that any provision of this Article, or any rule,regulation, or order promulgated or issued thereunder has been violated, norneed it constitute a finding by the Commissioner that the person has violatedany provision of this Article or any rule, regulation, or order promulgated orissued thereunder.

(c)        Notwithstanding theissuance of a consent order, the Commissioner may seek civil or criminalpenalties or compromise civil penalties concerning matters encompassed by theconsent order, unless the consent order by its terms expressly precludes theCommissioner from so doing. (2001‑443, s. 2.)