§ 97-196. Civil penalties or restitution for violations; administrative procedure. - North Carolina Statutes

§ 97‑196.  Civilpenalties or restitution for violations; administrative procedure.

(a)        Whenever theCommissioner has reason to believe that a self‑insurer has violated anyof the provisions of this Article, and the violation subjects the license ofthe self‑insurer to suspension or revocation, the Commissioner may, afternotice and opportunity for a hearing, proceed under the appropriate subsectionsof this section.

(b)        If the Commissionerfinds a violation of this Article, the Commissioner may, in addition to orinstead of suspending or revoking the license, order the payment or a monetarypenalty as provided in subsection (c) of this section or petition the SuperiorCourt of Wake County for an order directing payment of restitution as providedin subsection (d) of this section, or both. Each day during which a violationoccurs constitutes a separate violation.

(c)        If the Commissionerorders the payment of a monetary penalty pursuant to subsection (b) of thissection, the penalty shall not be less than one hundred dollars ($100.00) normore than one thousand dollars ($1,000). In determining the amount of thepenalty, the Commissioner shall consider the degree and extent of harm causedby the violation, the amount of money that inured to the benefit of the violatoras a result of the violation, whether the violation was committed willfully,and the prior record of the violator in complying or failing to comply withlaws, rules, or orders applicable to the violator. The clear proceeds of thepenalty shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2. Payment of the civil penalty under thissection shall be in addition to payment of any other penalty for a violation ofthe criminal laws of this State.

(d)        Upon petition ofthe Commissioner, the court may order the self‑insurer who committed aviolation specified in subsection (b) of this section to make restitution in anamount that would make whole any person harmed by the violation. The petitionmay be made at any time, and the petition may be made in any appeal of theCommissioner's order.

(e)        Restitution to anyState agency for extraordinary administrative expenses incurred in theinvestigation and hearing of the violation may also be ordered by the court insuch amount that would reimburse the agency for the expenses.

(f)         Nothing in thissection prevents the Commissioner from negotiating a mutually acceptableagreement with any self‑insurer as to the status of the self‑insurer'slicense or as to any civil penalty or restitution.

(g)        Unless otherwisespecifically provided for, all administrative proceedings under this Articleare governed by Chapter 150B of the General Statutes. Appeals of theCommissioner's orders under this section shall be governed by G.S. 58‑2‑75.(2005‑400,s. 16.)