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.