§58‑2‑70. Civil penalties or restitution for violations;administrative procedure.
(a) This sectionapplies to any person who is subject to licensure or certification under thisChapter.
(b) Whenever theCommissioner has reason to believe that any person has violated any of theprovisions of this Chapter, and the violation subjects the license orcertification of that person to suspension or revocation, the Commissioner may,after notice and opportunity for a hearing, proceed under the appropriate subsectionsof this section.
(c) If, undersubsection (b) of this section, the Commissioner finds a violation of thisChapter, the Commissioner may, in addition to or instead of suspending orrevoking the license or certification, order the payment of a monetary penaltyas provided in subsection (d) of this section or petition the Superior Court ofWake County for an order directing payment of restitution as provided insubsection (e) of this section, or both. Each day during which a violationoccurs constitutes a separate violation.
(d) If the Commissionerorders the payment of a monetary penalty pursuant to subsection (c) of thissection, the penalty shall not be less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000). In determining the amount of thepenalty, the Commissioner shall consider the degree and extent of harm causedby the violation, the amount of money that inured to the benefit of theviolator as a result of the violation, whether the violation was committedwillfully, and the prior record of the violator in complying or failing tocomply with laws, rules, or orders applicable to the violator. The clearproceeds of the penalty shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2. Payment of the civil penaltyunder this section shall be in addition to payment of any other penalty for aviolation of the criminal laws of this State.
(e) Upon petition ofthe Commissioner the court may order the person who committed a violationspecified in subsection (c) of this section to make restitution in an amountthat would make whole any person harmed by the violation. The petition may bemade at any time and also in any appeal of the Commissioner's order.
(f) Restitution to anyState agency for extraordinary administrative expenses incurred in theinvestigation and hearing of the violation may also be ordered by the court insuch amount that would reimburse the agency for the expenses.
(g) Nothing in thissection prevents the Commissioner from negotiating a mutually acceptableagreement with any person as to the status of the person's license orcertificate or as to any civil penalty or restitution.
(h) Unless otherwisespecifically provided for, all administrative proceedings under this Chapterare governed by Chapter 150B of the General Statutes. Appeals of theCommissioner's orders under this section shall be governed by G.S. 58‑2‑75.(1985, c. 666, s. 35; 1987, c. 752, ss. 3‑5; c. 864, s. 1; 1989,c. 485, s. 46; 1998‑211, s. 15; 1998‑215, s. 83(a).)
§58‑2‑70. Civil penalties or restitution for violations;administrative procedure.
(a) This sectionapplies to any person who is subject to licensure or certification under thisChapter.
(b) Whenever theCommissioner has reason to believe that any person has violated any of theprovisions of this Chapter, and the violation subjects the license orcertification of that person to suspension or revocation, the Commissioner may,after notice and opportunity for a hearing, proceed under the appropriate subsectionsof this section.
(c) If, undersubsection (b) of this section, the Commissioner finds a violation of thisChapter, the Commissioner may, in addition to or instead of suspending orrevoking the license or certification, order the payment of a monetary penaltyas provided in subsection (d) of this section or petition the Superior Court ofWake County for an order directing payment of restitution as provided insubsection (e) of this section, or both. Each day during which a violationoccurs constitutes a separate violation.
(d) If the Commissionerorders the payment of a monetary penalty pursuant to subsection (c) of thissection, the penalty shall not be less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000). In determining the amount of thepenalty, the Commissioner shall consider the degree and extent of harm causedby the violation, the amount of money that inured to the benefit of theviolator as a result of the violation, whether the violation was committedwillfully, and the prior record of the violator in complying or failing tocomply with laws, rules, or orders applicable to the violator. The clearproceeds of the penalty shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2. Payment of the civil penaltyunder this section shall be in addition to payment of any other penalty for aviolation of the criminal laws of this State.
(e) Upon petition ofthe Commissioner the court may order the person who committed a violationspecified in subsection (c) of this section to make restitution in an amountthat would make whole any person harmed by the violation. The petition may bemade at any time and also in any appeal of the Commissioner's order.
(f) Restitution to anyState agency for extraordinary administrative expenses incurred in theinvestigation and hearing of the violation may also be ordered by the court insuch amount that would reimburse the agency for the expenses.
(g) Nothing in thissection prevents the Commissioner from negotiating a mutually acceptableagreement with any person as to the status of the person's license orcertificate or as to any civil penalty or restitution.
(h) Unless otherwisespecifically provided for, all administrative proceedings under this Chapterare governed by Chapter 150B of the General Statutes. Appeals of theCommissioner's orders under this section shall be governed by G.S. 58‑2‑75.(1985, c. 666, s. 35; 1987, c. 752, ss. 3‑5; c. 864, s. 1; 1989,c. 485, s. 46; 1998‑211, s. 15; 1998‑215, s. 83(a).)
§58‑2‑70. Civil penalties or restitution for violations;administrative procedure.
(a) This sectionapplies to any person who is subject to licensure or certification under thisChapter.
(b) Whenever theCommissioner has reason to believe that any person has violated any of theprovisions of this Chapter, and the violation subjects the license orcertification of that person to suspension or revocation, the Commissioner may,after notice and opportunity for a hearing, proceed under the appropriate subsectionsof this section.
(c) If, undersubsection (b) of this section, the Commissioner finds a violation of thisChapter, the Commissioner may, in addition to or instead of suspending orrevoking the license or certification, order the payment of a monetary penaltyas provided in subsection (d) of this section or petition the Superior Court ofWake County for an order directing payment of restitution as provided insubsection (e) of this section, or both. Each day during which a violationoccurs constitutes a separate violation.
(d) If the Commissionerorders the payment of a monetary penalty pursuant to subsection (c) of thissection, the penalty shall not be less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000). In determining the amount of thepenalty, the Commissioner shall consider the degree and extent of harm causedby the violation, the amount of money that inured to the benefit of theviolator as a result of the violation, whether the violation was committedwillfully, and the prior record of the violator in complying or failing tocomply with laws, rules, or orders applicable to the violator. The clearproceeds of the penalty shall be remitted to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2. Payment of the civil penaltyunder this section shall be in addition to payment of any other penalty for aviolation of the criminal laws of this State.
(e) Upon petition ofthe Commissioner the court may order the person who committed a violationspecified in subsection (c) of this section to make restitution in an amountthat would make whole any person harmed by the violation. The petition may bemade at any time and also in any appeal of the Commissioner's order.
(f) Restitution to anyState agency for extraordinary administrative expenses incurred in theinvestigation and hearing of the violation may also be ordered by the court insuch amount that would reimburse the agency for the expenses.
(g) Nothing in thissection prevents the Commissioner from negotiating a mutually acceptableagreement with any person as to the status of the person's license orcertificate or as to any civil penalty or restitution.
(h) Unless otherwisespecifically provided for, all administrative proceedings under this Chapterare governed by Chapter 150B of the General Statutes. Appeals of theCommissioner's orders under this section shall be governed by G.S. 58‑2‑75.(1985, c. 666, s. 35; 1987, c. 752, ss. 3‑5; c. 864, s. 1; 1989,c. 485, s. 46; 1998‑211, s. 15; 1998‑215, s. 83(a).)
