§ 90-157.4. Civil penalty; disciplinary costs.

260 words·~1 min read·/nc/chapter-90/90-157-4

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(a)The Board may assess a civil penalty not to exceed five hundred dollars ($500.00) for the violation of any section of this Article or any rule adopted by the Board. If a licensee is found responsible for multiple violations in the same disciplinary actions, the maximum cumulative fine assessed shall not exceed one thousand dollars ($1,000). The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.

(b)The Board shall consider the following factors before imposing or assessing a civil penalty under this section:

(1)The nature, gravity, and persistence of the particular violation.

(2)The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment.

(3)Whether the violation was willful and malicious.

(4)Any other factors that would tend to mitigate or aggravate the violations found to exist.

(c)The Board shall establish a schedule of civil penalties for violations of this Article and rules adopted by the Board.

(d)If a licensee is found to have violated any provisions of this Article or any rule adopted by the Board, the Board may charge the costs of a disciplinary proceeding, including reasonable attorneys' fees, to that licensee.

(e)If the Board imposes a civil penalty under this section, the party against whom the civil penalty has been assessed may file a petition for judicial review under Article 4 of Chapter 150B of the General Statutes. (2021-120, s. 1(b).)