§ 90-693. Civil penalties; disciplinary costs. - North Carolina Statutes

§ 90‑693.  Civil penalties; disciplinary costs.

(a)        Authority to Assess Civil Penalties. – The Committee mayassess a civil penalty not in excess of one thousand dollars ($1,000) for theviolation of any section of this Article or the violation of any rules adoptedby the Committee. 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)        Consideration Factors. – Before imposing and assessing acivil penalty, the Committee shall 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 Committee shall establisha schedule of civil penalties for violations of this Article and rules adoptedby the Committee.

(d)        Costs. – The Committee may assess the costs of disciplinaryactions against a person found to be in violation of this Article or rulesadopted by the Committee. (2005‑267, s. 1.)