§ 95-234. Violation of controlled substance examination regulations; civil penalty. - North Carolina Statutes

§ 95‑234.  Violation ofcontrolled substance examination regulations; civil penalty.

(a)        Any examiner whoviolates the provisions of this Article shall be subject to a civil penalty ofup to two hundred fifty dollars ($250.00) per affected examinee with themaximum not to exceed one thousand dollars ($1,000) per investigation by theCommissioner of Labor or his authorized representative. In determining theamount of the penalty, the Commissioner shall consider:

(1)        The appropriatenessof the penalty for the size of the business of the employer charged; and

(2)        The gravity of theviolation.

The determination by theCommissioner shall be final, unless within 15 days after receipt of noticethereof by certified mail with return receipt, by signature confirmation asprovided by the U.S. Postal Service, by a designated delivery serviceauthorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, or viahand delivery, the person charged with the violation takes exception to thedetermination, in which event final determination of the penalty shall be madein an administrative proceeding pursuant to Article 3 of Chapter 150B and whichfinal determination shall be subject to judicial review in a judicialproceeding pursuant to Article 4 of Chapter 150B.

(b)        The amount of thepenalty when finally determined may be recovered in a civil action brought bythe Commissioner in the General Court of Justice.

(c)        The clear proceedsof civil penalties provided for in this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(d)        Assessment ofpenalties under this section shall be subject to a two‑year statute oflimitations commencing at the time of the occurrence of the violation.

(e)        The Commissioner ofLabor may adopt, modify, or revoke such rules as are necessary for carrying outthe provisions of this Article. The rules adopted shall promote individualdignity and privacy while not posing an undue burden on employers. (1991, c. 687, s. 1; 1993, c.213, s. 3; 1998‑215, s. 113; 2003‑308, s. 7; 2007‑231, s.11.)