§ 95-110.10. Violations; civil penalties; appeals. - North Carolina Statutes

§ 95‑110.10. Violations; civil penalties; appeals.

(a)        Any person whoviolates G.S. 95‑110.7(a) or (b) (Operation without certificate;operation not in accordance with Article or rules and regulations) shall besubject to a civil penalty not to exceed two hundred fifty dollars ($250.00)for each day each device or equipment is so operated or used.

(b)        Any person whoviolates G.S. 95‑110.7(c) (Operation after refusal to issue or afterrevocation of certificate) or G.S. 95‑110.9(c) (Reports required) shall besubject to a civil penalty not to exceed five hundred dollars ($500.00) foreach day any such device or equipment is operated or used.

(c)        Any person whoviolates the provisions of G.S. 95‑110.9(d) (Reports required) shall besubject to a civil penalty not to exceed five hundred dollars ($500.00).

(d)        In determining theamount of any penalty ordered under authority of this section, the Commissionershall give due consideration to the appropriateness of the penalty with respectto the size of the business of the person being charged, the gravity of theviolation, the good faith of the person and the record of previous violations.

(e)        The determinationof the amount of the penalty by the Commissioner shall be final, unless within15 days after receipt of notice thereof by certified mail with return receipt,by signature confirmation as provided by the U.S. Postal Service, by adesignated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) withdelivery receipt, or via hand delivery, the person charged with the violationtakes exception to the determination in which event the final determination ofthe penalty shall be made in an administrative proceeding and in a judicialproceeding pursuant to Chapter 150B of the General Statutes, the AdministrativeProcedure Act.

(f)         The Commissionermay file in the office of the clerk of the superior court of the county whereinthe person, against whom a civil penalty has been ordered, resides, or if acorporation is involved, in the county wherein the corporation maintains itsprincipal place of business, or in the county wherein the violation occurred, acertified copy of a final order of the Commissioner unappealed from, or of afinal order of the Commissioner affirmed upon appeal. Whereupon, the clerk ofsaid court shall enter judgment in accordance therewith and notify the parties.Such judgment shall have the same effect, and all proceedings in relationthereto shall thereafter be the same, as though said judgment had been renderedin a suit duly heard and determined by the superior court of the General Courtof Justice. (1985(Reg. Sess., 1986), c. 990, s. 1; 2003‑308, s. 3; 2007‑231, s. 7.)