§ 90-666. Civil penalties. - North Carolina Statutes

§ 90‑666.  Civil penalties.

(a)        Authority to Assess Civil Penalties. – In addition to takingany of the actions permitted under G.S. 90‑659, the Board may assess acivil penalty not to exceed one thousand dollars ($1,000) for the violation ofany section of this Article or any rules adopted by the Board. The clearproceeds of any civil penalty assessed under this section shall be remitted tothe Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(b)        Consideration Factors. – Before imposing and assessing acivil penalty and fixing the amount of the penalty, the Board shall, as a partof its deliberations, consider the following factors:

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

(2)        The appropriateness of the imposition of a civil penaltywhen considered alone or in combination with other punishment.

(3)        Whether the violation was willful and malicious.

(4)        Any other factors that would tend to mitigate or aggravatethe violations found to exist.

(c)        Schedule of Civil Penalties. – The Board shall establish aschedule of civil penalties for violations of this Article. The schedule shallindicate for each type of violation whether the violation can be corrected.Penalties shall be assessed for the first, second, and third violations ofspecified sections of this Article and for specified rules.

(d)        Costs. – The Board may assess the costs of disciplinaryactions against a person found to be in violation of this Article or rulesadopted by the Board. (2003‑384, s. 8.)