Agenda - 06-07-2016 - 7-c - Amendment to the Orange County Code of Ordinances Regarding Massage Regulation

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27 massage and bodywork therapy school without first having obtained the approval required by G.S. 90-631.1. (b2) An individual, association, partnership, corporation, or other entity that violates subsection(bl) of this section shall be guilty of a Class 3 misdemeanor. (c) The Board may make application to superior court for an order enjoining a violation of this Article. Upon a showing by the Board that a person, association, partnership, corporation, or other entity has violated or is about to violate this Article, the court may grant an injunction, restraining order, or take other appropriate action. (1998-230, s. 10; 2008-224, s. 18;2009-570, s. 12.) §90-634.1. Civil penalties; disciplinary costs. (a) Authority to Assess Civil Penalties. - The Board may assess a civil penalty not in excess of one thousand dollars ($1,000) for the violation of any section of this Article or the violation of any rules adopted by the Board. The continuation of the same act for which the penalty is imposed shall not be the basis for an additional penalty unless the penalty is imposed against the same party who has repeated the same act for which the discipline has previously been imposed. The clear proceeds of any civil penalty assessed under this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. (b) Consideration Factors. - Before imposing and assessing a civil penalty, the Board shall consider the following factors: (1) The nature, gravity, and persistence of the particular violation. (2) The appropriateness of the imposition of a civil penalty when considered alone or in combination with other punishment. (3) Whether the violation was willful and malicious. (4) Any other factors that would tend to mitigate or aggravate the violations found to exist. (c) Schedule of Civil Penalties. - The Board shall establish a schedule of civil penalties for violations of this Article and rules adopted by the Board. (d) Transcriptions Costs. - The Board may assess the costs of transcriptions of a disciplinary hearing held by the Board or the Office of Administrative Hearings to include the recording of the hearing by a court reporter and transcription of the proceeding against a person found to be in violation of this Article or rules adopted by the Board. (2003-348, s. 4; 2008-224, s. 19.) §90-635. Third-party reimbursement. Nothing in this Article shall be construed to require direct third-party reimbursement to persons licensed under this Article. (1998-230, s. 10.) §90-636. Regulation by county or municipality.