§ 95-47.9. Enforcement of Article; rules; hearing; penalty; criminal penalties.
§ 95‑47.9. Enforcementof Article; rules; hearing; penalty; criminal penalties.
(a) This Article shallbe enforced by the Commissioner. The Commissioner or any duly authorized agent,deputies or assistants designated by the Commissioner, may upon receipt of acomplaint that a private personnel service has violated a specific section ofthis Article, inspect those records relevant to the complaint which thisArticle requires the private personnel service to retain. The Commissioner mayalso subpoena those records and witnesses and may conduct investigations of anyemployer or other person where the Commissioner has reasonable grounds forbelieving that the employer or person has conspired or is conspiring with aprivate personnel service to violate this Article.
(b) The Commissionershall adopt rules necessary to carry out and administer the provisions of thisArticle.
(c) Complaints againstany licensed person shall be made in writing to the Commissioner.
(1) If the complaintalleges a violation of this Article, the Commissioner shall cause aninvestigation to be made. If, as a result of the investigation, theCommissioner has reason to believe that a material violation of this Articlehas been committed by a private personnel service, the Commissioner may, aftercompliance with Chapter 150B of the General Statutes, deny, suspend, or revokea license issued under this Article if it is determined that the licensee orany employee of the licensee is guilty of violating the provisions of thisArticle. In addition, the Commissioner may issue warnings or levy a fineagainst the private personnel service that shall not exceed two hundred fiftydollars ($250.00).
(2) The denial,revocation, or suspension of a license or the issuance of a warning or fine bythe Commissioner shall be in writing, shall be signed by the Commissioner orthe Commissioner's designee, and shall state the grounds upon which thedecision is based. The aggrieved person shall have the right to appeal from thedecision as provided by Chapter 150B of the General Statutes.
(d) Whenever a licenseis revoked pursuant to subsection (c) of this section, another license shallnot be issued to the same person within three years from the date of therevocation.
(e) Any person whooperates as a private personnel service without first obtaining the appropriatelicense (i) shall be guilty of a Class 1 misdemeanor; and (ii) be subject to acivil penalty of not less than fifty dollars ($50.00) nor more than one hundreddollars ($100.00) for each day the private personnel service operates without alicense, the penalty not to exceed a total of two thousand dollars ($2,000).Actions to recover civil penalties shall be initiated by the Attorney General.The clear proceeds of civil penalties provided for in this section shall beremitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.(1929, c. 178,ss. 3‑5, 7, 9; 1931, c. 312, s. 3; 1979, c. 780, s. 1; 1993, c. 539, s.663; 1994, Ex. Sess., c. 24, s. 14(c); 1998‑215, s. 109; 2003‑308,s. 12.)