§ 95-195. Complaints, investigations, penalties. - North Carolina Statutes

§95‑195.  Complaints, investigations, penalties.

(a)        Complaints ofviolations of this Part shall be filed in writing with the Commissioner ofLabor. Such complaints received in writing from any Fire Chief relating toalleged violations of this Part shall be investigated in a timely manner by theCommissioner of Labor or his designated representative.

(b)        Duly designatedrepresentatives of the Commissioner of Labor, upon presentation of appropriatecredentials to the employer, shall have the right of entry into any facility atreasonable times to inspect and investigate complaints within reasonablelimits, and in a reasonable manner. Following the investigation, theCommissioner shall make appropriate findings. Either the employer or the personcomplaining of a violation may request an administrative hearing pursuant toChapter 150B of the General Statutes. This request for an administrativehearing shall be submitted to the Commissioner of Labor within 14 daysfollowing the Commissioner making his findings. The Commissioner shall within30 days of receiving the request hold an administrative hearing in accordancewith Article 3 of Chapter 150B of the General Statutes.

(c)        If the Commissionerof Labor finds that the employer violated this Article, the Commissioner shallorder the employer to comply within 14 days following receipt of writtennotification of the violation. Employers not complying within 14 days followingreceipt of written notification of a violation shall be subject to civilpenalties of not more than one thousand dollars ($1,000) per violation imposedby the Commissioner of Labor. There shall be a separate offense for each daythe violation continues. The clear proceeds of civil penalties provided for inthis section shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.

(d)        Any order by theCommissioner under subsection (b) or (c) of this section shall be subject tojudicial review as provided under Article 4 of Chapter 150B of the GeneralStatutes. (1985, c. 775, s. 1; 1987, c. 489, s. 7; 1998‑215,s. 112.)