North Carolina General Statutes 106-65.41. Civil penalties
Terms Used In North Carolina General Statutes 106-65.41
- Committee: means the Structural Pest Control Committee. See North Carolina General Statutes 106-65.24
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Person: means any individual, partnership, association, corporation, or any organized group of persons whether incorporated or not. See North Carolina General Statutes 106-65.24
A civil penalty of not more than two thousand dollars ($2,000) may be assessed by the Committee against any person for any one or more of the causes set forth in N.C. Gen. Stat. § 106-65.28(a)(1) through (12) and N.C. Gen. Stat. § 106-65.28(a)(14) and (15), or who violates or directly causes a violation of any provision of this Article or any rule adopted pursuant to this Article. In determining the amount of any penalty, the Committee shall consider the degree and extent of harm caused by the violation. No civil penalty may be assessed under this section unless the person has been given an opportunity for a hearing pursuant to Chapter 150B of the N.C. Gen. Stat.. Assessments may be collected, following judicial review, if any, of the Committee’s final decision imposing the assessment, in any lawful manner for the collection of a debt.
The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with N.C. Gen. Stat. § 115C-457.2 (1987, c. 368, s. 1; 1989, c. 725, s. 8; 1998-215, s. 5(a); 1999-381, s. 11.)