(a) Civil. If a contract is rescinded by Davidson County or by the applicant or responsible adult and the recipient has received funds, the recipient and responsible adult shall be indebted to Davidson County in the amount that is paid to the recipient. Such debt shall be recoverable by Davidson County in an appropriate legal action as provided in § 97.12(C). If a legal action is initiated by the County and a judgment is obtained by Davidson County against the recipient or responsible adult, such judgment shall include costs and fees as permitted by law.
(B) Criminal. Any person who willfully or knowingly provides or aids or assists in the providing of false information to obtain a scholarship shall be subject to punishment for a Class 3 misdemeanor and a maximum fine of $500. Any recipient who willfully or knowingly relies upon or uses false or misleading information to obtain a scholarship or enter into a contract with Davidson County shall be subject to prosecution for obtaining property by false pretenses as provided in G.S. § 14-100. Any person who assists an applicant or any other person in obtaining a scholarship award or accepts a scholarship award by willfully or knowingly using or relying upon false or inaccurate information or other fraudulent means shall be subject to prosecution in accordance with the criminal laws of North Carolina. To the extent permitted by law, the criminal penalties as set forth herein are cumulative and may be imposed for the same conduct. The criminal penalties set forth herein are not exclusive.
(C) Jurisdiction and venue. Any suit instituted by Davidson County may be instituted in the appropriate division of the General Court of Justice in Davidson County or, at the option of Davidson County, in such county or state where the recipient resides at the time legal action is initiated. Each person who files an application and each recipient and responsible adult who signs an application and contract consent to initiate, litigate and prosecute any action, claim or issue regarding the validity of this chapter, the propriety or fairness of the application process, the grant or denial of a scholarship, or any other aspect of this chapter, whether based on federal, state or local law, only in the appropriate division of General Court of Justice of the State of North Carolina. By entering into a scholarship contract with Davidson County, the recipient and any responsible adult who signs the contract with Davidson County consent to the Courts of the State of North Carolina having personal jurisdiction over the recipient and the responsible adult and waive any objection to or defense based upon personal jurisdiction. Venue and jurisdiction over any litigation shall be only in the appropriate division of the General Court of Justice in Davidson County, North Carolina.
(D) Remedies not exclusive. Davidson County may enforce this chapter through all remedies permitted by law. The remedies as set forth herein are construed to be cumulative to the extent permitted by law.
(Ord. passed 3-9-04; Ord. passed 8-25-15; Ord. passed 1-10-17)