14B NCAC 06C .0403. WRITTEN WARNING

(a)  Definition.  A written warning is a written communication to a permittee advising him he is allowing or engaging in a possible violation of Chapter 18B or of ABC Commission rules (04 NCAC 02).

(b)  Contents.  The written warning shall be directed to the permittee and shall:

(1)           indicate the date, time, and location of the agent's observation;

(2)           contain a brief statement of the facts setting forth the nature of the incident;

(3)           indicate which statute or rule may have been fringed;

(4)           state any action which the permittee might take to correct the problem.

(c)  When Issued.  An agent shall issue a written warning upon observing a condition or situation which prompted an earlier oral warning or when an agent observes an intentional but technical violation of Chapter 18B or ABC Commission rules concerning which the permittee had not been earlier warned.

(d)  Method of Issuance.  Upon learning facts sufficient to establish a reasonable belief a violation has occurred, an agent shall inform the permittee that he has detected a violation or has information from specified witnesses a violation occurred and he may then immediately serve a written warning upon the permittee.  If the written warning is not served at that time, the permittee should be advised a written warning will be issued.  As quickly as possible thereafter, but no later than seven working days following the above discussion with the permittee, the agent shall complete a written warning in triplicate and serve upon the permittee.  In any case, the permittee shall acknowledge receipt of the warning by signing the original and copies.  The permittee shall retain one copy, the ABC Commission shall receive the original and the agent shall retain one copy for his files.

(e)  An agent must be prepared to testify to all matters set forth in the written warning.

 

History Note:        Authority G.S. 18B-500; 143B-10;

Eff. February 1, 1980;

Amended Eff. August 1, 1988; January 1, 1984; April 1, 1980;

Transferred from 14A NCAC 08H .0403 Eff. June 1, 2013.