§ 106-124.1. Civil penalties.
§ 106‑124.1. Civil penalties.
(a) The Commissioner may assess a civil penalty of not more thantwo thousand dollars ($2,000) against any person who violates a provision ofthis Article or any rule adopted pursuant to this Article. In determining theamount of the penalty, the Commissioner shall consider the degree and extent ofharm caused by the violation.
(b) Prior to assessing a civil penalty, the Commissioner shallgive the person written notice of the violation and a reasonable period of timein which to correct the violation. However, the Commissioner shall not berequired to give a person time to correct a violation before assessing apenalty if the Commissioner determines the violation is likely to cause futurephysical injury or illness.
(c) The Commissioner shall consider the training and managementpractices implemented by the person for the purpose of complying with thisArticle as a mitigating factor when determining the amount of the civilpenalty.
(d) The Commissioner shall remit the clear proceeds of civilpenalties assessed pursuant to this section to the Civil Penalty and ForfeitureFund in accordance with G.S. 115C‑457.2. (2003‑389, s. 1.)