Section 4705-A - Administrative penalty1.Violation of this Title. The commission may impose an administrative penalty on a gas utility that violates any provision of this Title relating to safety of gas facilities or any rule issued under this Title in an amount not to exceed $223,000 for each violation. Each day of violation constitutes a separate offense. [2021, c. 318, §18(AMD).]
2.Maximum administrative penalty. The maximum administrative penalty may not exceed $2,227,000 for any related series of violations. [2021, c. 318, §19(AMD).]
3.Determining amount of penalty. In determining the amount of the penalty, the commission shall consider the following:A. The nature, circumstances and gravity of the violation; [2003, c. 505, §38(NEW).]B. The degree of the gas utility's culpability; [2003, c. 505, §38(NEW).]C. The gas utility's history of prior offenses; [2003, c. 505, §38(NEW).]D. The gas utility's ability to pay; [2003, c. 505, §38(NEW).]E. Any good faith by the gas utility in attempting to achieve compliance; [2003, c. 505, §38(NEW).]F. The effect on the gas utility's ability to continue in business; and [2003, c. 505, §38(NEW).]G. Such other matters as justice may require. [2003, c. 505, §38(NEW).] [2003, c. 505, §38(NEW).]
4.Payment of penalty. The amount of the penalty may be:A. Deducted from any sums owing by the State to the gas utility; or [2003, c. 505, §38(NEW).]B. Recovered in a civil action in the state courts. [2003, c. 505, §38(NEW).] [2003, c. 505, §38(NEW).]
5.Limitation on imposing penalty. Any action that may result in the imposition of an administrative penalty pursuant to this section must be commenced within 5 years after the cause of action accrues. [2003, c. 505, §38(NEW).]
Amended by 2021SP1, c. 318,§ 19, eff. 10/18/2021.Amended by 2021SP1, c. 318,§ 18, eff. 10/18/2021.Amended by 2014, c. 495,§ 2, eff. 7/31/2014.2003, c. 505, § 38 (NEW) .