§ 110-103.1. Civil penalty. - North Carolina Statutes

§ 110‑103.1.  Civilpenalty.

(a)        A civil penalty may be levied against any operator of anychild care facility who violates any provision of this Article. The penaltyshall not exceed one thousand dollars ($1,000) for each violation documented onany given date. Every operator shall be provided a schedule of the civilpenalties established by the Commission pursuant to this Article.

(b)        In determining the amount of the penalty, the threat of orextent of harm to children in care as well as consistency of violations shallbe considered, and no penalty shall be imposed under this section unless thereis a specific finding that this action is reasonably necessary to enforce theprovisions of this Article or its rules.

(c)        A person who is assessed a penalty shall be notified of thepenalty by registered or certified mail. The notice shall state the reasons forthe penalty. If a person fails to pay a penalty, the Secretary shall refer thematter to the Attorney General for collection.

(d)        The clear proceeds of penalties provided for in this sectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2. (1985, c. 757, s. 156(gg); 1987, c. 788, s. 15; c. 827, s. 236; 1991,c. 273, s. 9; 1997‑506, s. 21; 1998‑215, s. 75.)