(a) Any employer whoviolates the provisions of G.S. 95‑25.15(b) or any regulation issuedpursuant to G.S. 95‑25.15(b), shall be subject to a civil penalty of upto two hundred fifty dollars ($250.00) per employee with the maximum not toexceed two thousand dollars ($2,000) per investigation by the Commissioner orthe Commissioner's authorized representative. In determining the amount of thepenalty, the Commissioner shall consider each of the following:
(1) The appropriatenessof the penalty for the size of the business of the employer charged.
(2) The gravity of theviolation.
(3) Whether theviolation involves an employee under 18 years of age.
The determination by theCommissioner shall be final, unless within 15 days after receipt of noticethereof by certified mail with return receipt, by signature confirmation asprovided by the U.S. Postal Service, by a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or viahand delivery, the person charged with the violation takes exception to thedetermination, in which event final determination of the penalty shall be madein an administrative proceeding pursuant to Article 3 of Chapter 150B and in ajudicial proceeding pursuant to Article 4 of Chapter 150B.
(b) The amount of thepenalty when finally determined may be recovered in the manner set forth inG.S. 95‑25.23B.
(c) The clear proceedsof civil penalties provided for in this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(d) Assessment ofpenalties under this section shall be subject to a two‑year statute oflimitations commencing at the time of the occurrence of the violation. (1989, c. 687, s. 5; 1993,c. 225, s. 2; 1998‑215, s. 108; 2003‑308, s. 2; 2007‑231, s.5; 2009‑351, s. 3.)
(a) Any employer whoviolates the provisions of G.S. 95‑25.15(b) or any regulation issuedpursuant to G.S. 95‑25.15(b), shall be subject to a civil penalty of upto two hundred fifty dollars ($250.00) per employee with the maximum not toexceed two thousand dollars ($2,000) per investigation by the Commissioner orthe Commissioner's authorized representative. In determining the amount of thepenalty, the Commissioner shall consider each of the following:
(1) The appropriatenessof the penalty for the size of the business of the employer charged.
(2) The gravity of theviolation.
(3) Whether theviolation involves an employee under 18 years of age.
The determination by theCommissioner shall be final, unless within 15 days after receipt of noticethereof by certified mail with return receipt, by signature confirmation asprovided by the U.S. Postal Service, by a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or viahand delivery, the person charged with the violation takes exception to thedetermination, in which event final determination of the penalty shall be madein an administrative proceeding pursuant to Article 3 of Chapter 150B and in ajudicial proceeding pursuant to Article 4 of Chapter 150B.
(b) The amount of thepenalty when finally determined may be recovered in the manner set forth inG.S. 95‑25.23B.
(c) The clear proceedsof civil penalties provided for in this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(d) Assessment ofpenalties under this section shall be subject to a two‑year statute oflimitations commencing at the time of the occurrence of the violation. (1989, c. 687, s. 5; 1993,c. 225, s. 2; 1998‑215, s. 108; 2003‑308, s. 2; 2007‑231, s.5; 2009‑351, s. 3.)
(a) Any employer whoviolates the provisions of G.S. 95‑25.15(b) or any regulation issuedpursuant to G.S. 95‑25.15(b), shall be subject to a civil penalty of upto two hundred fifty dollars ($250.00) per employee with the maximum not toexceed two thousand dollars ($2,000) per investigation by the Commissioner orthe Commissioner's authorized representative. In determining the amount of thepenalty, the Commissioner shall consider each of the following:
(1) The appropriatenessof the penalty for the size of the business of the employer charged.
(2) The gravity of theviolation.
(3) Whether theviolation involves an employee under 18 years of age.
The determination by theCommissioner shall be final, unless within 15 days after receipt of noticethereof by certified mail with return receipt, by signature confirmation asprovided by the U.S. Postal Service, by a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or viahand delivery, the person charged with the violation takes exception to thedetermination, in which event final determination of the penalty shall be madein an administrative proceeding pursuant to Article 3 of Chapter 150B and in ajudicial proceeding pursuant to Article 4 of Chapter 150B.
(b) The amount of thepenalty when finally determined may be recovered in the manner set forth inG.S. 95‑25.23B.
(c) The clear proceedsof civil penalties provided for in this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(d) Assessment ofpenalties under this section shall be subject to a two‑year statute oflimitations commencing at the time of the occurrence of the violation. (1989, c. 687, s. 5; 1993,c. 225, s. 2; 1998‑215, s. 108; 2003‑308, s. 2; 2007‑231, s.5; 2009‑351, s. 3.)
