Section 95-25.23A - Violation of record-keeping requirement; civil penalty(a) Any employer who violates the provisions of G.S. 95-25.15(b) or any regulation issued pursuant to G.S. 95-25.15(b), shall be subject to a civil penalty of seven hundred fifty dollars ($750.00) per employee with the maximum not to exceed four thousand five hundred dollars ($4,500) per violation by the Commissioner or the Commissioner's authorized representative. The determination by the Commissioner shall be final, unless within 15 days after receipt of notice thereof by certified mail with return receipt, by signature confirmation as provided by the U.S. Postal Service, by a designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, by electronic means to include an electronic mail address provided by the person to the Commissioner, with a delivery receipt, that will be effective to give the person notice of the violation, or via hand delivery, the person charged with the violation takes exception to the determination, in which event final determination of the penalty shall be made in an administrative proceeding pursuant to Article 3 of Chapter 150B and in a judicial proceeding pursuant to Article 4 of Chapter 150B.
(b) The amount of the penalty when finally determined may be recovered in the manner set forth in G.S. 95-25.23B.(c) The clear proceeds of civil penalties provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2.(d) Assessment of penalties under this section shall be subject to a two-year statute of limitations commencing at the time of the occurrence of the violation.N.C. Gen. Stat. § 95-25.23A
Amended by 2024 N.C. Sess. Laws 3,s. 1.2, eff. 6/3/2024.Amended by 2021 N.C. Sess. Laws 82, s. 8, eff. 7/8/2021.Amended by 2009 N.C. Sess. Laws 351, s. 3, eff. 12/1/2009.Amended by 2007 N.C. Sess. Laws 231, s. 5, eff. 7/18/2007.Amended by 2003 N.C. Sess. Laws 0308, s. 2, eff. 7/1/2003. 1989 , c. 687, s. 5; 1993 , c. 225, s. 2; 1998-215, s. 108.