§ 143-215.102. Penalties. - North Carolina Statutes

§ 143‑215.102.  Penalties.

(a)        Civil Penalty. – Any person who violates any provision ofthis Part, or any rule, regulation or order made pursuant to this Part, shallincur, in addition to any other penalty provided by law, a civil penalty in anamount not to exceed ten thousand dollars ($10,000) for every such violation,the amount to be determined by the Secretary after taking into considerationthe factors set out in G.S. 143B‑282.1(b). The procedures set out in G.S.143‑215.6 and G.S. 143B‑282.1 shall apply to civil penaltiesassessed under this section. The penalty herein provided for shall become dueand payable when the person incurring the penalty receives a notice in writingfrom the Commission describing the violation with reasonable particularity andadvising such person that the penalty is due. A person may contest a penalty byfiling a petition for a contested case under G.S. 150B‑23 within 30 daysafter receiving notice of the penalty. If any civil penalty has not been paidwithin 30 days after notice of assessment has been served on the violator, theSecretary shall request the Attorney General to institute a civil action in theSuperior Court of any county in which the violator resides or has his or itsprincipal place of business to recover the amount of the assessment, unless theviolator contests the assessment, or requests remission of the assessment inwhole or in part as provided in G.S. 143‑215.6. If any civil penalty hasnot been paid within 30 days after the final agency decision or court order hasbeen served on the violator, the Secretary shall request the Attorney Generalto institute a civil action in the Superior Court of any county in which theviolator resides or has his or its principal place of business to recover theamount of the assessment.

The clear proceeds of civil penalties provided for in this sectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2.

(b)        Criminal Penalties. – Any person who intentionally orknowingly or willfully violates any provision of this Part, or any rule,regulation or order made pursuant to this Part shall be guilty of a Class 2misdemeanor which may include a fine to be not more than ten thousand dollars($10,000). No proceeding shall be brought or continued under this subsectionfor or on account of a violation by any person who has previously beenconvicted of a federal violation or a local ordinance violation based upon thesame set of facts. (1975, c. 521, s.2; 1987, c. 827, s. 202; 1989 (Reg. Sess., 1990), c. 1036, s. 7; 1993, c. 539,s. 1025; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215, s. 71.)