§ 54C-78. Civil penalties; directors, officers, and employees.
§ 54C‑78. Civilpenalties; directors, officers, and employees.
(a) A person, whether adirector, officer, or employee, who is found to have violated this Article,whether willfully or as a result of gross negligence, gross incompetency, orrecklessness, may be ordered to pay a civil penalty of up to five thousanddollars ($5,000) per violation. A person who is found to have violated orfailed to comply with any cease and desist order issued under the authority ofthis Article, may be ordered to pay a civil penalty of up to five thousanddollars ($5,000) per violation for each day that the violation or failure tocomply continues. The clear proceeds of civil penalties provided for in thissubsection shall be remitted to the Civil Penalty and Forfeiture Fund inaccordance with G.S. 115C‑457.2.
(b) To enforce thissection, the Commissioner of Banks may assess the penalty, appear in a court ofcompetent jurisdiction, and move the court to order payment of the penalty.Before the assessment of the penalty, the Commissioner of Banks shall hold ahearing, which shall comply with Article 3A of Chapter 150B of the GeneralStatutes.
(c) Whenever theCommissioner of Banks determines that an emergency exists that requiresimmediate corrective action, the Commissioner of Banks, either before or afterinstituting any other action or proceeding authorized by this Article, mayrequest the Attorney General to institute a civil action in a court ofcompetent jurisdiction, in the name of the State upon the relation of the Commissionerof Banks seeking injunctive relief to restrain or enjoin the violation orthreatened violation of this Article and for any other and further relief asthe court may deem proper. Instituting an action for injunctive relief shallnot relieve any party to the proceedings from any civil or criminal penaltyprescribed for violation of this Article.
(d) Nothing in thissection shall prevent anyone damaged by a director, officer, or employee of aState savings bank from bringing a separate cause of action in a court ofcompetent jurisdiction. (1991, c. 680, s. 1; 1991 (Reg. Sess., 1992), c. 829, s. 10; 1998‑215,s. 39; 2001‑193, s. 16.)