10A N.C. Admin. Code 26E.0605

Current through Register Vol. 39, No. 12, December 1, 2024

Section 26E .0605 - PENALTIES

(a) DHHS shall consider the following factors in determining the amount of each civil penalty assessed against a person who violates Chapter 90, Article 5E:

(1) whether the violation involved an improper attempt to obtain or release information from the CSRS;

(2) whether the person succeeded in improperly obtaining or releasing information from the CSRS;

(3) whether the person committed the violation intentionally, knowingly, or negligently;

(4) the frequency of the violations the person has committed; and

(5) the number of violations the person has committed.

(b) DHHS shall consider these additional factors in determining the amount of civil penalty assessed against a pharmacy that employs dispensers who fail to report information in accordance with G.S. 90-113.73(e):

(1) whether it is a first, second, third, or subsequent violation within a calendar year;

(2) whether it is a continuing violation;

(3) whether the pharmacy has acted in good faith in attempting to report the required information.

10A N.C. Admin. Code 26E .0605

Authority G.S. 90-113.73; 90-113.75;
Eff. November 1, 2022.

Authority G.S. 90-113.73; 90-113.75
Adopted by North Carolina Register Volume 37, Issue 11, December 1, 2022 effective 11/1/2022.