Bill Summary – FastDemocracy

H.B. 759
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                            Apr 18, 2023
                                      SESSION 2023                                    HOUSE PRINCIPAL CLERK
     H                                                                                               D
                                   HOUSE BILL DRH30276-NB-145
     Short Title:   Barber/Electrolysis Board/Disciplinary Costs.                               (Public)
     Sponsors:      Representative Autry.
     Referred to:
 1                                      A BILL TO BE ENTITLED
 2   AN ACT TO PROHIBIT THE NORTH CAROLINA BOARD OF BARBER AND
 3       ELECTROLYSIS EXAMINERS FROM CHARGING COSTS FOR DISCIPLINARY
 4       PROCEEDINGS PRIOR TO FINDING AN INDIVIDUAL IN VIOLATION OF CHAPTER
 5       86B OF THE GENERAL STATUTES.
 6   The General Assembly of North Carolina enacts:
 7               SECTION 1. G.S. 86B-10 reads as rewritten:
 8   "§ 86B-10. Civil penalties; disciplinary costs.
 9       (a)     Authority to Assess Civil Penalties. – The Board may assess a civil penalty not in
10   excess of five hundred dollars ($500.00) per offense for the violation of any section of this
11   Chapter or the violation of any rules adopted by the Board. The clear proceeds of any civil penalty
12   assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in
13   accordance with G.S. 115C-457.2.
14       (b)     Consideration Factors. – Before imposing and assessing a civil penalty, the Board
15   shall consider the following factors:
16               (1)     The nature, gravity, and persistence of the particular violation.
17               (2)     The appropriateness of the imposition of a civil penalty when considered alone
18                       or in combination with other punishment.
19               (3)     Whether the violation was willful and malicious.
20               (4)     Any other factors that would tend to mitigate or aggravate the violations found
21                       to exist.
22       (c)     Schedule of Civil Penalties. – The Board shall establish a schedule of civil penalties
23   for violations of this Chapter and rules adopted by the Board.
24       (d)     Costs. – The Board may may, in a disciplinary proceeding proceeding, charge costs,
25   including reasonable attorneys' fees, to the an applicant or licensee against whom the proceedings
26   were brought.found to be in violation of this Chapter."
27               SECTION 2. This act is effective when it becomes law and applies to any
28   disciplinary actions arising or pending on or after that date.
                                  *DRH30276-NB-145*
Statutes affected: 
Filed: 86B-10
Edition 1: 86B-10