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86 <br /> the Governor occurring prior to the expiration of a term shall be filled by appointment for the <br /> unexpired term. <br /> a2 No member of the Board may serve on a case where there would be a conflict of <br /> interest. <br /> a3 The Governor may remove any member at any time for cause. <br /> a4 Eight members of the Board shall constitute a quorum. <br /> a5 The Governor shall designate one member of the Board as chair. <br /> a6 The Board may adopt rules to implement this Article. <br /> (b) The Notification Center shall transmit all reports of alleged violations of this Article <br /> to the Board, including any information received by the Notification Center regarding the <br /> report. The Beat:d shall meet at least "at:tet:ly to t:eviev�, all t:epet:ts filed ptt1:8ttafit <br /> G.S. 87 120(e). The Beat:d shall aet as an ar-bitt:atet: between t4e pat:ties to t4e 1:epel:t. If-, a <br /> detefmination and eee endedpenalty The. „lati �r <br /> The Board shall review all reports of alleged violations of this Article and <br /> accompanying information. If the Board determines that a person has violated any provision of <br /> this Article, the Board shall determine the apropriate action or penalty to impose for each such <br /> violation. Actions and penalties may include training, education, and a civil penalty not to <br /> exceed two thousand five hundred dollars ($2,500). The Board shall notify each person who is <br /> determined to have violated this Article in writing of the Board's determination and the Board's <br /> recommended action or penalty. A person determined to be in violation of this Article may <br /> request a hearing before the Board, after which the Board may reverse or uphold its original <br /> finding. If the Board recommends a penalty, the Board shall notify the Utilities Commission of <br /> the recommended penalty, and the Utilities Commission shall issue an order imposing the <br /> penalty. <br /> (c) A pafl-)­ ep Lr son determined by the Board under subsection O+L l�of this section to <br /> have violated this Article may initiate--appeal the Board's determination by initiating an <br /> arbitration proceeding before the Utilities C„mmissie Commission within 30 days of the <br /> Board's determination. If the violating party elects to initiate an arbitration proceeding, the <br /> violating party shall pay a filing fee of two hundred fifty dollars ($250.00) to the Utilities <br /> Commission, and the Utilities Commission shall open a docket regarding the report. The <br /> Utilities Commission shall direct the parties enter into an arbitration process. The parties shall <br /> be responsible for selecting and contracting with the arbitrator. Upon completion of the <br /> arbitration process, the Utilities Commission shall issue an order encompassing the outcome of <br /> the binding arbitration process, including a determination of fault, a penalty, and assessing the <br /> costs of arbitration to the non-prevailing party. <br /> cl A person may timely appeal an order issued by the Utilities Commission pursuant to <br /> this section to the superior court division of the General Court of Justice in the county where <br /> the alleged violation of this Article occurred or in Wake County, for trial de fieve. de novo <br /> within 30 days of entry of the Utilities Commission's order. The authority granted to the <br /> Utilities Commission within this section is limited to this section and does not grant the <br /> Utilities Commission any authority that they are not otherwise granted under Chapter 62 of the <br /> General Statutes. <br /> (d) <br /> as set f t4h in t4is s4seetio,, The provisions of this Article do not affect any civil remedies for <br /> personal injury or property damage otherwise available to any person, except as otherwise <br /> specifically provided for in this Article. The penalty provisions of this Article are cumulative to <br /> and not in conflict with provisions of law with respect to civil remedies for personal injury or <br /> property damage. The clear proceeds of any civil penalty assessed under this section shall be <br /> used as provided in Section 7(a) of Article IX of the North Carolina Constitution. The pefi ltieE <br /> ration of t4is ^rtieleshal be as f»,ws-.In any arbitration proceeding before the <br /> Utilities Commission, any actions and penalties assessed against any person for violation of this <br /> Article shall include the actions and penalties set out in subsection (b1) of this section. <br /> (4-) ifr-c4e violation y� ,as toe Festtlt of „egligen ,ee t4e penalty shall be a <br /> 0 0 0 of tFaining, a 0 0 0 <br /> If lcc=^if uti6rr cis-toe zc$zirt of gFO_r the pei"ntiy-si-arr b c-irC�=it r <br /> penalty of e t4ettsaad dell Fs ($1 nnn' a re"IFement of tFa zc <br /> 0 0 0 <br /> Page 12 Session Law 2015-286 House Bill 765-Ratified <br />