State RegulationsNC specificDifficulty 1/5
The Commissioner finds a continuing violation of Chapter 58 by a producer that persists over several days. Under G.S. 58-2-70(d), what civil penalty 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 A is correct
Under G.S. 58-2-70(d), the Commissioner may order a civil penalty of not less than $100 nor more than $1,000 per violation of Chapter 58, in addition to or instead of suspension or revocation, and each day of a continuing violation constitutes a separate violation. A week-long violation can therefore accumulate multiple penalties, and restitution may also be pursued through Wake County Superior Court under G.S. 58-2-70(c),(e).
Why the other options are wrong
- B) $1,000 to $5,000 is the penalty for willfully violating a cease-and-desist order under G.S. 58-63-50, a different trigger.
- C) $2,000 to $10,000 is the court fine on a business entity for willful false statements under G.S. 58-2-180, not the general civil penalty.
- D) The general civil penalty floor is $100, not $50, and continuing violations accrue per day.
Memory hook
One hundred to a thousand per slip, and every day is a new slip.