(a) Whenever the Board has reason to believe that a violation of this Article, any rule adopted by the Board, or any order of the Board is occurring or about to occur, the Board may initiate any of the following enforcement measures:
(1) Commence a civil action in any court of the county in which the alleged offender resides or does business. The Board may seek and the court may grant any form of relief, including injunctive relief.
(2) If the activity involved appears to be a criminal offense, refer the matter to the appropriate district attorney for prosecution.
(3) For any person who fails to be licensed as required by this Article, the Board may assess a civil penalty against that person in an amount not to exceed fifty dollars ($50.00) per day for each violation.
(b) In assessing a penalty under subdivision (3) of subsection (a) of this section, the Board shall consider all of the following:
(1) Whether the amount of the penalty imposed will be a substantial economic deterrent to the violator.
(2) The circumstances leading to the violation.
(3) The severity of the violation and the risk of harm to the employee.
(4) Any economic benefits gained by the violator as a result of the violation.
(c) Civil penalties assessed by the Board pursuant to subdivision (3) of subsection (a) of this section are final 30 days after the date the assessment is served upon the alleged violation, unless the alleged violator seeks review by the Board within that time.
The clear proceeds of these civil penalties shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (1995 (Reg. Sess., 1996), c. 720, s. 1; 1998-215, s. 133.)
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Last modified: March 23, 2014