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State RegulationsNC specificDifficulty 3/5

A producer willfully continues the exact practice that a cease-and-desist order issued by the Commissioner prohibited. What forfeiture does G.S. 58-63-50 authorize?

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Answer & full 3-part explanation (select an option above, or peek)

Why B is correct

G.S. 58-63-50 provides that willful violation of a cease-and-desist order is punishable by forfeiture of not less than $1,000 nor more than $5,000 for each violation. This tier is distinct from the Commissioner's general civil penalty of $100 to $1,000 per violation under G.S. 58-2-70(d) and from the court fine of $2,000 to $10,000 on an entity making false sworn statements under G.S. 58-2-180.

Why the other options are wrong

  • A) $100 to $1,000 is the general civil penalty range under G.S. 58-2-70(d) for ordinary Chapter 58 violations, not for defying a cease-and-desist order.
  • C) $2,000 to $10,000 is the court-ordered fine on an entity for willful false statements under G.S. 58-2-180, not the cease-and-desist forfeiture.
  • D) G.S. 58-63-50 mandates a monetary forfeiture of $1,000 to $5,000 per violation; license action does not replace it.

Memory hook

Defy a C&D order and pay the steep tier: $1k-$5k each time.

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