FOM Chapter 06 - Penalties

This chapter provides guidance in the calculation of penalties and adjustment factors to be used.  Penalties paid for cited violations are not expended by the division or department, but instead are paid to Civil Penalty and Forfeiture Fund in accordance with North Carolina General Statute (NCGS) §115C-457.2 – Remittance of Monies to the Fund. This chapter includes general policy regarding penalties, civil penalties, and criminal penalties. Penalties are adjusted in accordance with the United States Consumer Price Index published by the United States Department of Labor. These changes are reflected in North Carolina General Statute §95-138(a)(2a) and §95-138(a1) in accordance with 13 NCAC 07A.0301 and 29 CFR 1903.

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