State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_70 > GS_70-16

§70‑16.  Civil penalties.

A civil penalty of not morethan five thousand dollars ($5,000) may be assessed by the Department ofAdministration, in consultation with the Department of Cultural Resources,against any person who violates the provisions of G.S. 70‑15. Indetermining the amount of the penalty, the Department shall consider the extentof the harm caused by the violation and the cost of rectifying the damage. Anyperson assessed shall be notified of the assessment by registered or certifiedmail. The notice shall specify the reasons for the assessment. If the personassessed fails to pay the amount of the assessment to the Department within 30days after receipt of notice, the Department may institute a civil action inthe Superior Court of Wake County to recover the amount of the assessment.

The Department may use theassessed funds to rectify the damage to archaeological resources. The clearproceeds of all assessed funds not used to rectify the damage shall be remittedto the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.(1981, c. 904, s. 2; 1987, c. 827, s. 215; 1998‑215, s. 2.)