§ 15B-33. Penalties.
§ 15B‑33. Penalties.
(a) Assessment andCivil Penalty for Failure to Give Notice. Any person or entity, other thanthe State, a subdivision of the State, or a person who is a superintendent,sheriff, or municipal official, who willfully fails to give notice as requiredby G.S. 15B‑32 is subject to an assessment of up to the amount of thepayment or obligation to pay and a civil penalty of up to one thousand dollars($1,000) or ten percent (10%) of the payment or obligation to pay, whichever isgreater.
(b) Notice andOpportunity to Be Heard Required. After providing notice and opportunity tobe heard in accordance with the provisions of Chapter 150B of the GeneralStatutes, the Commission may order the respondent to pay the assessment andcivil penalty imposed by this section.
(c) Failure to Pay. If a respondent fails to pay the assessment and civil penalty imposed by thissection within sixty (60) days of being ordered to pay, the assessment andcivil penalty may be recovered from the respondent by an action brought by theattorney general, upon the request of the Commission, in any court of competentjurisdiction.
(d) Establishment ofEscrow Account; Notice to Eligible Persons. The Commission shall deposit theassessment in an escrow account pending the expiration of the three‑yearstatute of limitations authorized by G.S. 15B‑34 to preserve the funds tosatisfy a civil judgment in favor of an eligible person to whom the failure togive notice relates. The Commission shall notify any eligible person who mayhave a claim against the offender of the existence of the funds being held inescrow. The notice shall instruct the eligible person that the person may havea right to commence a civil action against the offender as well as any otherinformation deemed necessary by the Commission.
(e) Satisfaction ofJudgment from Escrow Account. Upon an eligible person's presentation to theCommission of a civil judgment for damages arising out of the offense for whichthe offender was convicted, the Commission shall satisfy up to one hundredpercent (100%) of that judgment, including costs and disbursements as taxed bythe clerk of the court, with the escrowed fund obtained pursuant to thissection, but in no event shall the amount of all judgments, costs, and disbursementssatisfied from the escrowed funds exceed the amount in escrow. If more than oneeligible person indicates to the Commission that the eligible person intends tocommence or has commenced a civil action against the offender, the Commissionshall delay satisfying any judgment, costs, and disbursements until the claimsof all eligible persons are reduced to judgment. If the aggregate of alljudgments, costs, and disbursement obtained exceeds the amount of escrowedfunds, the amount used to partially satisfy each judgment shall be reduced to apro rata share.
(f) Return ofUnclaimed Escrowed Funds. After the expiration of the three‑yearstatute of limitations period established in G.S. 15B‑34, the Commissionshall review all judgments that have been satisfied from the escrowed funds. Inthe event no claim was filed prior to the expiration of the three‑yearstatute of limitations, the Commission shall return the escrowed amount to therespondent. In the event a claim or claims are pending at the expiration of thestatute of limitations, the funds shall remain escrowed until the finaldetermination of all claims to allow the Commission to satisfy any judgmentwhich may be obtained by the eligible person after which time any remainingescrowed amount shall be returned to the respondent.
(g) Remittance ofProceeds from Civil Penalty. The Commission shall remit the clear proceeds ofthe civil penalty of up to one thousand dollars ($1,000) or ten percent (10%)of the payment or obligation to pay, whichever is greater, assessed under thissection to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.(2004‑159,s. 2.)