North Carolina § 143-658 - Violations.

§ 143-658. Violations.

Civil Penalties. - The Commission may issue an order against a licensee or other person who willfully violates any provision of this Article, imposing a civil penalty of up to five thousand dollars ($5,000) for a single violation or of up to twenty-five thousand dollars ($25,000) for multiple violations in a single proceeding or a series of related proceedings. No order under this subsection may be entered without giving the licensee or other person 15 days' prior notice and an opportunity for a contested case hearing conducted pursuant to Article 3 of Chapter 150B of the General Statutes. Criminal Penalties. - A willful violation of any provision of this Article shall constitute a Class 2 misdemeanor. The Commission may refer any available evidence concerning violations of this Article to the proper district attorney, who may, with or without such a reference, institute the appropriate criminal proceedings. Injunction. - Whenever it appears to the Commission that a person has engaged or is about to engage in an act or practice constituting a violation of any provision of this Article or any rule or order issued pursuant to this Article, the Commission may bring an action in any court of competent jurisdiction to enjoin those acts or practices and to enforce compliance with this Article or any rule or order issued pursuant to this Article. Repealed by Session Laws 1998-212, s. 19.11(e), effective July 1, 1998. The clear proceeds of civil penalties imposed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2 . History (1995, c. 499, s. 1; 1997-504, s. 8; 1998-23, s. 18; 1998-212, s. 19.11(e), (g); 1998-215, s. 125; 2011-145, s. 19.1(g); 2014-100, s. 17.1(xxx); 2019-203, s. 12(c).) Editor's Note. - Session Laws 2019-203, s. 13 made the amendments to this section by Session Laws 2019-203, s. 12(c), effective October 1, 2019, and applicable to (i) applications for a license or permit submitted on or after that date, (ii) contracts entered into on or after that date, and (iii) offenses and violations committed on or after that date. Effect of Amendments. - Session Laws 2011-145, s. 19.1(g), effective January 1, 2012, substituted "Public Safety" for "Crime Control and Public Safety" wherever it appears. Session Laws 2019-203, s. 12(c), substituted "Commission" for "Secretary of Public Safety" throughout this section; and substituted "issued pursuant to this Article" for "hereunder" in subsection (c). For effective date and applicability, see editor's note. § 143-659: Reserved for future codification purposes.