10A NCAC 09 .2209          AMOUNT OF PENALTY

(a)  The amount of the penalty assessed shall be based upon the following factors: willful or negligent non‑compliance by the operator, history of non‑compliance, extent of deviation from the regulation, evidence of good faith effort to comply, and any other factors relevant to the unique situation.

(b)  The amount of the penalty, within the limitation established by G.S. 110‑103.1, shall be in accordance with the following schedule:

(1)           Where a violation presents a clear and imminent danger to the safety of the children, a civil penalty up to one thousand dollars ($1000) may be imposed;

(2)           Where a violation endangers, or has the potential to endanger the children's health, safety, or well‑being, a civil penalty up to five hundred dollars ($500.00) may be imposed;

(3)           Where a violation does not directly endanger the children, a civil penalty of up to two hundred and fifty dollars ($250.00) may be imposed.

(c)  A separate penalty may be imposed for each violation.

 

History Note:        Authority G.S. 110‑90(9); 110‑103.1; 143B‑168.3;

Eff. January 1, 1986.