§ 74C-17. Enforcement. - North Carolina Statutes

§74C‑17.  Enforcement.

(a)        The Board isauthorized to apply in its own name to any judge of the superior court of theGeneral Court of Justice for an injunction in order to prevent any violation orthreatened violation of the provisions of this Chapter.

(b)        Any person, firm,association, or corporation or their agents and employees violating any of theprovisions of this Chapter or knowingly violating any rule promulgated toimplement this Chapter shall be guilty of a Class 1 misdemeanor. The AttorneyGeneral, or his representative, shall have concurrent jurisdiction with thedistrict attorneys of this State to prosecute violations of this Chapter.

(c)        In lieu ofrevocation or suspension of a license or permit under G.S. 74C‑12, acivil penalty of not more than two thousand dollars ($2,000) may be assessed bythe Board against any person or business who violates any provision of thisChapter or any rule of the Board adopted pursuant to this Chapter. Indetermining the amount of any penalty, the Board shall consider the degree andextent of harm caused by the violation. The clear proceeds of civil penaltiesprovided for in this subsection shall be remitted to the Civil Penalty andForfeiture Fund in accordance with G.S. 115C‑457.2.

(d)        Proceedings for theassessment of civil penalties under this section shall be governed by Chapter150B of the General Statutes. If the person assessed a civil penalty fails topay the penalty to the Board, the Board may institute an action in the superiorcourt of the county in which the person resides or has his principal place ofbusiness to recover the unpaid amount of the penalty. An action to recover acivil penalty under this section shall not relieve any party from any otherpenalty prescribed by law. (1979, c. 818, s. 2; 1983, c. 794, s. 6; 1989, c. 759,s. 14; 1993, c. 539, s. 557; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215,s. 98.)