Current through Register Vol. 48, No. 5, May 24, 2024
Section 111-63 - Monetary Fines and PenaltiesA. Administrative Fine. An entity may be assessed an administrative fine. The administrative fine may not exceed two thousand five hundred dollars per violation.B. Civil Penalty levied against Lessors. An entity that is subject to S.C. Code Ann. § 58-27-2620(A) may be fined a civil penalty of not more than ten thousand dollars per occurrence of the following violations: 1. Operating without Certificate. An entity that solicits business as a Lessor of renewable energy facilities without a valid certificate issued by ORS, or that otherwise violates the terms of Chapter 58, Article 23;2. Unfair or Deceptive Marketing Practices. A Lessor that engages in unfair or deceptive marketing practices in the leasing of renewable energy facilities.C. Determination of Monetary Fine or Penalty. In determining the appropriate monetary Administrative Fine or Civil Penalty to be levied, ORS shall consider the following: 1. Timely response to an ORS request in accordance with applicable regulations and law; and2. The number of violations, including repeat violations; specific conditions and their impact or potential impact on health and safety of persons as a result of the lease of the renewable energy generation facility; efforts to correct cited violations; behavior that would reflect negatively on an entity's character, such as illegal or illicit activities; history of compliance; any other pertinent conditions that may be applicable to statutes and regulations.Added by State Register Volume 45, Issue No. 05, eff. 5/28/2021.