State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-270_80A

§ 90‑270.80A.  Civil penalties, disciplinarycosts.

(a)        Authority to Assess Civil Penalties. – The Board may assessa civil penalty not in excess of one thousand dollars ($1,000) for theviolation of any section of this Article or the violation of any rules adoptedby the Board. The clear proceeds of any civil penalty assessed under thissection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.

(b)        Consideration Factors. – Before imposing and assessing acivil penalty, the Board shall consider the following factors:

(1)        The nature, gravity, and persistence of the particularviolation.

(2)        The appropriateness of the imposition of a civil penaltywhen considered alone or in combination with other punishment.

(3)        Whether the violation was willful and malicious.

(4)        Any other factors that would tend to mitigate or aggravatethe violations found to exist.

(c)        Schedule of Civil Penalties. – The Board shall establish aschedule of civil penalties for violations of this Article and rules adopted bythe Board.

(d)        Costs. – The Board may assess the costs of disciplinaryactions against any person found to be in violation of this Article or rulesadopted by the Board. (2005‑432, s. 14.)