§ 89G-12. Civil penalties. - North Carolina Statutes

§ 89G‑12.  Civilpenalties.

(a)        In addition totaking any of the actions permitted under G.S. 89G‑11, the Board mayassess a civil penalty not in excess of two thousand dollars ($2,000) for eachviolation of any section of this Chapter or the violation of any rules adoptedby the Board. The clear proceeds of any civil penalty assessed under thissection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.

(b)        Before imposing andassessing a civil penalty and fixing the amount of the penalty, the Boardshall, as a part of its deliberations, take into consideration the followingfactors:

(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 violation 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.  (2008‑177, s. 1.)