10A NCAC 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.

History Note:        Authority G.S. 90-113.73; 90-113.75;

Eff. November 1, 2022.