(a) The Commission, in accordance with the provisions of Chapter 150B of the N.C. Gen. Stat., may suspend or revoke the certificate of any operator in charge who:

(1) Engages in fraud or deceit in obtaining certification.

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(2) Fails to exercise reasonable care, judgment, or use of the operator’s knowledge and ability in the performance of the duties of an operator in charge.

(3) Is incompetent or otherwise unable to properly perform the duties of an operator in charge.

(b) In addition to revocation of a certificate, the Commission may levy a civil penalty, not to exceed one thousand dollars ($1,000) per violation, for willful violation of the requirements of this Part.

The clear proceeds of civil penalties levied pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with N.C. Gen. Stat. § 115C-457.2 (1995 (Reg. Sess., 1996), c. 626, s. 6(b); 1998-215, s. 46.)