§ 106-145.6. Denial, revocation, and suspension of license; penalties for violations.
§ 106‑145.6. Denial, revocation, and suspension of license; penalties for violations.
(a) Adverse Action. The Commissioner may deny a license to anapplicant if the Commissioner determines that granting the applicant a licensewould not be in the public interest. Public interest considerations shall belimited to factors and qualifications that are directly related to theprotection of public health and safety. The Commissioner may deny, suspend, orrevoke a license for substantial or repeated violations of this Article or forconviction of a violation of any other federal, state, or local prescriptiondrug law or regulation. Chapter 150B of the General Statutes governs thedenial, suspension, or revocation of a license under this Article.
(b) Criminal Sanctions. It is unlawful to engage in wholesaledistribution in this State without a wholesale distributor license or toviolate any other provision of this Article. A person who violates this Articlecommits a Class H felony. A fine imposed for a violation of this Article maynot exceed two hundred fifty thousand dollars ($250,000).
(c) Civil Penalty. The Commissioner may assess a civil penaltyof not more than ten thousand dollars ($10,000) against a person who violatesany provision of this Article. In determining the amount of a civil penalty,the Commissioner shall consider the degree and extent of harm caused by theviolation. Chapter 150B of the General Statutes governs the assessment of acivil penalty under this subsection. If a civil penalty is not paid within 30days after the completion of judicial review of a final agency decision by theCommissioner, the penalty may be collected in any manner by which a debt may becollected. The clear proceeds of civil penalties assessed pursuant to this sectionshall be remitted to the Civil Penalty and Forfeiture Fund in accordance withG.S. 115C‑457.2. (1991, c. 699, s. 2; 1993, c. 539, s. 1294; 1994, Ex. Sess., c. 24, s.14(c); 1998‑215, s. 7.)