§ 104E-24. Administrative penalties.

343 words·~2 min read·/nc/chapter-104e/104e-24

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)The Department may impose an administrative penalty on a person that does either of the following:

(1)Fails to comply with this Chapter, any order issued under it, or any rules adopted pursuant to it.

(2)Refuses to allow an authorized representative of the Radiation Protection Commission or the Department of Health and Human Services a right of entry as provided for in G.S. 104E-11 or impounding materials as provided for in G.S. 104E-14.

(b)Each day of a continuing violation constitutes a separate violation. The penalty shall not exceed ten thousand dollars ($10,000) per day. In determining the amount of the penalty, the Department shall consider the degree and extent of the harm caused by the violation. Any person assessed a penalty shall be notified of the assessment by registered or certified mail, and the notice shall specify the reasons for the assessment.

(c)Any person wishing to contest a penalty or order issued under this section is entitled to an administrative hearing and judicial review in accordance with the procedures outlined in Articles 3 and 4 of Chapter 150B of the General Statutes.

(d)The Secretary may bring a civil action in the superior court of the county in which the violation is alleged to have occurred to recover the amount of the administrative penalty if either of the following applies:

(1)The person has not requested an administrative hearing and fails to pay the penalty within 60 days after being notified of the penalty.

(2)The person has requested an administrative hearing and fails to pay the penalty within 60 days after the Office of Administrative Hearings forwards a written copy of the decision as provided in G.S. 150B-34.

(e)The clear proceeds of penalties imposed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1981, c. 704, s. 14; 1987, c. 850, s. 14; 1989, c. 727, s. 219(24); 1997-443, s. 11A.119(a); 1998-215, s. 47(a); 2015-241, s. 14.30(u); 2015-264, s. 54(e); 2025-25, s. 24(d).)