§ 20-183.8B. Civil penalties against license holders and suspension or revocation of license for emissions violations.
§ 20‑183.8B. Civilpenalties against license holders and suspension or revocation of license foremissions violations.
(a) Kinds ofViolations. The civil penalty schedule established in this section applies toemissions self‑inspectors, emissions inspection stations, and emissionsinspection mechanics. The schedule categorizes emissions violations intoserious (Type I), minor (Type II), and technical (Type III) violations.
A serious violation is aviolation of this Part or a rule adopted to implement this Part that directlyaffects the emission reduction benefits of the emissions inspection program. Aminor violation is a violation of this Part or a rule adopted to implement thisPart that reflects negligence or carelessness in conducting an emissions inspectionor complying with the emissions inspection requirements but does not directlyaffect the emission reduction benefits of the emissions inspection program. Atechnical violation is a violation that is not a serious violation, a minorviolation, or another type of offense under this Part.
(b) Penalty Schedule. The Division must take the following action for a violation:
(1) Type I. For afirst or second Type I violation by an emissions self‑inspector or anemissions inspection station, assess a civil penalty of two hundred fiftydollars ($250.00) and suspend the license of the business for six months. For athird or subsequent Type I violation within three years by an emissions self‑inspectoror an emissions inspection station, assess a civil penalty of one thousanddollars ($1,000) and revoke the license of the business for two years.
For afirst or second Type I violation by an emissions inspection mechanic, assess acivil penalty of one hundred dollars ($100.00) and suspend the mechanic'slicense for six months. For a third or subsequent Type I violation within sevenyears by an emissions inspection mechanic, assess a civil penalty of twohundred fifty dollars ($250.00) and revoke the mechanic's license for twoyears.
(2) Type II. For afirst or second Type II violation by an emissions self‑inspector or anemissions inspection station, assess a civil penalty of one hundred dollars($100.00). For a third or subsequent Type II violation within three years by anemissions self‑inspector or an emissions inspection station, assess acivil penalty of two hundred fifty dollars ($250.00) and suspend the license ofthe business for 90 days.
For afirst or second Type II violation by an emissions inspection mechanic, assess acivil penalty of fifty dollars ($50.00). For a third or subsequent Type IIviolation within seven years by an emissions inspection mechanic, assess acivil penalty of one hundred dollars ($100.00) and suspend the mechanic'slicense for 90 days.
(3) Type III. For afirst or second Type III violation by an emissions self‑inspector, anemissions inspection station, or an emissions inspection mechanic, send awarning letter. For a third or subsequent Type III violation within three yearsby the same emissions license holder, assess a civil penalty of twenty‑fivedollars ($25.00).
(c) Station or Self‑InspectorResponsibility. It is the responsibility of an emissions inspection stationand an emissions self‑inspector to supervise the emissions mechanics itemploys. A violation by an emissions inspector mechanic is considered aviolation by the station or self‑inspector for whom the mechanic isemployed.
(d) Missing Stickers. The Division must assess a civil penalty against an emissions inspectionstation, a windshield replacement station, or an emissions self‑inspectorthat cannot account for an emissions inspection sticker issued to it. A stationor a self‑inspector cannot account for a sticker when the sticker ismissing and the station or self‑inspector cannot establish reasonablegrounds for believing the sticker was stolen or destroyed by fire or anotheraccident.
(d1) Penalty for MissingStickers. The amount of the penalty is twenty‑five dollars ($25.00) foreach missing sticker. If a penalty is imposed under subsection (b) of this sectionas the result of missing stickers, the monetary penalty that applies is thehigher of the penalties required under this subsection and subsection (b); theDivision may not assess a monetary penalty as a result of missing stickersunder both this subsection and subsection (b) of this section. Imposition of amonetary penalty under this subsection does not affect suspension or revocationof a license required under subsection (b) of this section.
(e) Mechanic Training. An emissions inspection mechanic whose license has been suspended or revokedmust retake the course required under G.S. 20‑183.4A and successfullycomplete the course before the mechanic's license can be reinstated. Failure tosuccessfully complete this course continues the period of suspension orrevocation until the course is completed successfully. (1993 (Reg. Sess., 1994), c.754, s. 1; 1997‑29, s. 6; 2001‑504, s. 14.)