§ 90-506. Violations; enforcement; penalties. - North Carolina Statutes

§ 90‑506. Violations; enforcement; penalties.

(a)        Whenever the Board has reason to believe that a violation ofthis Article, any rule adopted by the Board, or any order of the Board isoccurring or about to occur, the Board may initiate any of the followingenforcement measures:

(1)        Commence a civil action in any court of the county in whichthe alleged offender resides or does business. The Board may seek and the courtmay grant any form of relief, including injunctive relief.

(2)        If the activity involved appears to be a criminal offense,refer the matter to the appropriate district attorney for prosecution.

(3)        For any person who fails to be licensed as required by thisArticle, the Board may assess a civil penalty against that person in an amountnot to exceed fifty dollars ($50.00) per day for each violation.

(b)        In assessing a penalty under subdivision (3) of subsection(a) of this section, the Board shall consider all of the following:

(1)        Whether the amount of the penalty imposed will be asubstantial economic deterrent to the violator.

(2)        The circumstances leading to the violation.

(3)        The severity of the violation and the risk of harm to theemployee.

(4)        Any economic benefits gained by the violator as a result ofthe violation.

(c)        Civil penalties assessed by the Board pursuant tosubdivision (3) of subsection (a) of this section are final 30 days after thedate the assessment is served upon the alleged violation, unless the allegedviolator seeks review by the Board within that time.

The clear proceeds of these civil penalties shall be remitted to theCivil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1995 (Reg. Sess., 1996), c. 720, s. 1; 1998‑215,s. 133.)