SECTION .0700 ‑ CIVIL MONEY PENALTIES

13 NCAC 12 .0701             CIVIL PENALTIES

(a)  Any employer who violates the provisions of G.S. 95-25.5 (Youth Employment), G.S. 95-25.15(b) (Record Keeping) or these Rules is subject to a civil penalty for each violation.

(b)  Any person or establishment required to comply with or subject to regulation of child labor under the F.L.S.A. who violates the non‑exempt provisions of G.S. 95‑25.5, or these Rules is subject to a civil penalty for each violation.

(c)  The Commissioner shall determine the amount of all civil penalties in accordance with Rule .0702 of this Section.

(d)  In civil penalty cases, the Commissioner shall notify the employer by certified mail of the following:

(1)           the nature of the violation;

(2)           the amount of the civil penalty; and

(3)           that the civil penalty will be final, unless the employer takes exception to the penalty as set forth in G.S. 95-25.23 and G.S. 95-23A of the penalty from the Commissioner.

History Note:        Authority: G.S. 95-25.5; 95-25.14; 95-25.17; 95-25.19; 95-25.23; 95-25.23A;

Eff. November 1, 1980;

Amended Eff. April 1, 1999; February 1, 1982;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.