§ 95-25.23. Violation of youth employment; civil penalty. - North Carolina Statutes

§ 95‑25.23.  Violationof youth employment; civil penalty.

(a)        Any employer whoviolates the provisions of G.S. 95‑25.5 (Youth Employment) or anyregulation issued thereunder, shall be subject to a civil penalty not to exceedfive hundred dollars ($500.00) for the first violation and not to exceed onethousand dollars ($1,000) for each subsequent violation. In determining theamount of such penalty, the appropriateness of such penalty to the size of thebusiness of the person charged and the gravity of the violation shall beconsidered. The determination 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 a designateddelivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with deliveryreceipt, or via hand delivery, the person charged with the violation takesexception to the determination, in which event final determination of thepenalty shall be made in an administrative proceeding pursuant to Article 3 ofChapter 150B and in a judicial proceeding pursuant to Article 4 of Chapter150B.

(b)        The amount of suchpenalty when finally determined may be recovered in the manner set forth inG.S. 95‑25.23B.

(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.  (1979, c. 839, s. 1; 1981,c. 663, s. 9; 1989, c. 687, s. 6; 1993, c. 225, s. 1; 1998‑215, s. 107;2003‑308, s. 1; 2007‑231, s. 4; 2009‑351, s. 1.)