State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-634_1

§ 90‑634.1.  Civilpenalties; disciplinary costs.

(a)        Authority to AssessCivil Penalties. – The Board may assess a civil penalty not in excess of onethousand dollars ($1,000) for the violation of any section of this Article orthe violation of any rules adopted by the Board. The continuation of the sameact for which the penalty is imposed shall not be the basis for an additionalpenalty unless the penalty is imposed against the same party who has repeatedthe same act for which the discipline has previously been imposed. The clearproceeds of any civil penalty assessed under this section shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        ConsiderationFactors. – Before imposing and assessing a civil penalty, the Board shallconsider the following factors:

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

(2)        The appropriatenessof the imposition of a civil penalty when considered alone or in combinationwith other punishment.

(3)        Whether theviolation was willful and malicious.

(4)        Any other factorsthat would tend to mitigate or aggravate the violations found to exist.

(c)        Schedule of CivilPenalties. – The Board shall establish a schedule of civil penalties forviolations of this Article and rules adopted by the Board.

(d)        TranscriptionsCosts. – The Board may assess the costs of transcriptions of a disciplinaryhearing held by the Board or the Office of Administrative Hearings to includethe recording of the hearing by a court reporter and transcription of theproceeding against a person found to be in violation of this Article or rulesadopted by the Board.  (2003‑348, s. 4; 2008‑224, s. 19.)