§ 95-69.19. Violations; civil penalties; appeals. - North Carolina Statutes

§ 95‑69.19.  Violations;civil penalties; appeals.

(a)        Any person whoviolates G.S. 95‑69.18(a) or (b) (operation without inspectioncertificate; operation not in accordance with Article or rules and regulations)shall be subject to a civil penalty not to exceed two hundred fifty dollars($250.00) for each day each boiler or pressure vessel is so operated or used.

(b)        Any person whoviolates G.S. 95‑69.18(c) (operation after refusal to issue or afterrevocation of inspection certificate) shall be subject to a civil penalty notto exceed five hundred dollars ($500.00) for each day any such boiler orpressure vessel is so operated or used.

(c)        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.

(d)        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.

(e)        The Commissionermay file in the office of the clerk of the superior court of the county wherethe violation occurred or where the person against whom a civil penalty hasbeen ordered resides, or if a corporation is involved in the county where thecorporation maintains its principal place of business, a certified copy of afinal order of the Commissioner unappealed from, or of a final order of theCommissioner affirmed upon appeal. Upon filing of the final order, the clerk ofsuperior court shall enter judgment in accordance with the order and notify theparties. The judgment shall have the same force and effect as a judgment by thesuperior court of the General Court of Justice. (2005‑453, s. 11; 2007‑231,s. 6.)