§ 66-58.7. Civil penalty. - North Carolina Statutes

§66‑58.7.  Civil penalty.

The Secretary may assess acivil penalty of not more than five thousand dollars ($5,000) per violationagainst any certification authority that violates a provision of this Articleor any rule promulgated thereunder. In determining the amount of a penaltyunder this section, the Secretary shall give due consideration to each of thefollowing factors:

(1)        The organizationalsize of the certification authority cited;

(2)        The good faith ofthe certification authority cited;

(3)        The gravity of theviolation;

(4)        The prior record ofthe violator in complying or failing to comply with this Article or a ruleadopted pursuant to this Article; and

(5)        The risk of harmcaused by the violation.

Chapter 150B of the GeneralStatutes governs the imposition of a civil penalty under this section. A civilpenalty owed under this section may be recovered in a civil action brought bythe Secretary or the Attorney General. (1998‑127, s. 1.)