§ 86A-27. Civil penalties; disciplinary costs. - North Carolina Statutes

§ 86A‑27.  Civilpenalties; disciplinary costs.

(a)        Authority to AssessCivil Penalties. – The Board may assess a civil penalty not in excess of fivehundred dollars ($500.00) per offense for the violation of any section of thisChapter or the violation of any rules adopted by the Board. The clear proceedsof any civil penalty assessed under this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        ConsiderationFactors. – Before imposing and assessing a civil penalty, the Board shallconsider the following factors:

(1)        The nature, gravity,and persistence of the particular violation.

(2)        The appropriatenessof the imposition of a civil penalty when considered alone or in combinationwith other punishment.

(3)        Whether theviolation was willful and malicious.

(4)        Any other factorsthat would tend to mitigate or aggravate the violations found to exist.

(c)        Schedule of CivilPenalties. – The Board shall establish a schedule of civil penalties forviolations of this Chapter and rules adopted by the Board.

(d)        Costs. – The Boardmay in a disciplinary proceeding charge costs, including reasonable attorneys'fees, to the licensee against whom the proceedings were brought. (2004‑146, s. 10.)