§ 64-30 – Actions to be taken; hearing.
64-30. Actions to be taken; hearing. If, after an investigation, the Commissioner determines that the complaint is not false or frivolous: (1) If the alleged violation is of G.S. 64-26: a. The Commissioner shall hold a hearing to determine if a violation of G.S. 64-26 has occurred and, if appropriate, impose civil penalties in accordance […]
§ 64-31 – Consequences of first violation of G.S64-26.
64-31. Consequences of first violation of G.S. 64-26. (a) Affidavit Must Be Filed. – For a first violation of G.S. 64-26, the Commissioner shall order the employer to file a signed sworn affidavit with the Commissioner within three business days after the order issued pursuant to this subsection is issued. The affidavit shall state with […]
§ 64-32 – Consequences of second violation of G.S64-26.
64-32. Consequences of second violation of G.S. 64-26. For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-31, the Commissioner shall order the measures required by G.S. 64-31(a) and shall also order the employer to pay a civil penalty of one thousand dollars ($1,000), regardless of the […]
§ 64-33 – Consequences of third or subsequent violation of G.S64-26.
64-33. Consequences of third or subsequent violation of G.S. 64-26. For a violation of G.S. 64-26 that occurs after an order has been issued pursuant to G.S. 64-32, the Commissioner shall order the measures required by G.S. 64-31(a), and shall also order the employer to pay a civil penalty of two thousand dollars ($2,000) for […]
§ 64-33.1 – Consequences of violation of G.S143-133.3.
64-33.1. Consequences of violation of G.S. 143-133.3. For violation of G.S. 143-133.3, the Commissioner shall notify the board or governing body of the State, or of any institution of the State government, or of any political subdivision of the State, found to have committed the violation that the board or governing body of the State, […]
§ 64-4 – Escheats.
64-4. Escheats. If a decedent owning personal property located within North Carolina shall leave no heirs, heirs at law or devisees other than persons disqualified from inheritance under G.S. 64-3, then such personal property shall escheat. (1959, c. 1208; 1985 (Reg. Sess., 1986), c. 797, s. 2; 2011-284, s. 60.)
§ 64-5 – Burden of proof.
64-5. Burden of proof. The burden of proof in any action or proceeding to disqualify a nonresident alien from taking personal property located within this State by succession or testamentary disposition by reason of the provisions of G.S. 64-3, shall be upon the person asserting the disqualification. (1959, c. 1208; 1985 (Reg. Sess., 1986), c. […]
§ 64-1 – Rights as to real property.
64-1. Rights as to real property. It is lawful for aliens to take both by purchase and descent, or other operation of law, any lands, tenements or hereditaments, and to hold and convey the same as fully as citizens of this State can or may do, any law or usage to the contrary notwithstanding. (1870-1, […]
§ 64-2 – Contracts validated.
64-2. Contracts validated. All contracts to purchase or sell real estate by or with aliens, heretofore made, shall be deemed and taken as valid to all intents and purposes. (1870-1, c. 255, s. 2; Code, s. 8; Rev., s. 183; C.S., s. 193.)
§ 64-3 – Nonresident aliens' rights of inheritance.
64-3. Nonresident aliens’ rights of inheritance. No alien residing outside the United States or its territories shall be entitled to take personal property located in this State by succession or testamentary disposition if the laws of the nation of which such alien is a resident prohibit residents of the United States from inheriting personal property […]