§ 90D-14. Civil penalties. - North Carolina Statutes

§ 90D‑14.  Civilpenalties.

(a)        Authority to AssessCivil Penalties. – The Board may assess a civil penalty not to exceed onethousand dollars ($1,000) for the violation of any section of this Chapter orany rules adopted by the Board. The clear proceeds of any civil penaltyassessed under this section shall be remitted to the Civil Penalty andForfeiture 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 or rules adopted by the Board.

(d)        Costs. – The Boardmay assess the costs of disciplinary actions against a person found to be inviolation of this Chapter or rules adopted by the Board. (2005‑299, s. 4.)