§ 88B-29. Civil penalties.
§ 88B‑29. Civilpenalties.
(a) Authority to AssessCivil Penalties. In addition to taking any of the actions permitted underG.S. 88B‑24, the Board may assess a civil penalty not in excess of onethousand dollars ($1,000) for the violation of any section of this Chapter orthe violation of any rules adopted by the Board. The clear proceeds of anycivil penalty assessed under this section shall be remitted to the CivilPenalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.
(b) Consideration Factors. Before imposing and assessing a civil penalty and fixing the amount thereof,the Board shall, as a part of its deliberations, take into consideration thefollowing factors:
(1) The nature, gravity,and persistence of the particular violation.
(2) The appropriatenessof the imposition of a civil penalty when considered alone or in combinationwith other punishment.
(3) Whether theviolation was willful and malicious.
(4) Any other factorsthat would tend to mitigate or aggravate the violations found to exist.
(c) Schedule of CivilPenalties. The Board shall establish a schedule of civil penalties forviolations of this Chapter. The schedule shall indicate for each type ofviolation whether the violation can be corrected. Penalties shall be assessedfor the first, second, and third violations of specified sections of thisChapter and for specified rules.
(d) Costs. The Boardmay in a disciplinary proceeding charge costs, including reasonable attorneys'fees, to the licensee against whom the proceedings were brought. (1998‑230, s. 2; 2004‑142,s. 2.)