State RegulationsNC specificDifficulty 2/5
The Commissioner finds that a producer violated a provision of Chapter 58 and orders an administrative civil penalty instead of suspending the license. What penalty range may be ordered per violation, and how is a continuing violation counted?
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Answer & full 3-part explanation (select an option above, or peek)
Why D is correct
Under G.S. 58-2-70(d), the Commissioner may order a civil penalty of not more than $1,000 nor less than $100 per violation of Chapter 58, in addition to or in lieu of suspension or revocation, and each day of a continuing violation constitutes a separate violation. This administrative penalty is the general-purpose tool for regulatory violations.
Why the other options are wrong
- A) $1,000 to $5,000 is the range for willfully violating a cease-and-desist order under G.S. 58-63-50, and continuing violations accrue one violation per day.
- B) $2,000 to $10,000 is the court fine on an entity for willful false statements under G.S. 58-2-180, not the Commissioner's civil penalty range.
- C) The statute sets a range from $100 up to $1,000 per violation under G.S. 58-2-70(d); it is not a flat $100, and continuing conduct adds violations per day.
Memory hook
Civil penalty: a hundred to a grand, and every day starts a new violation.