65- 407 C.M.R. ch. 296, § 7

Current through 2024-51, December 18, 2024
Section 407-296-7 - Penalty

The Commission may impose an administrative penalty against any person, corporation, or entity that violates this rule, applicable statute, or order adopted pursuant to this rule.

A.Method for Imposing Penalty

The Director of the Consumer Assistance Division will collect the necessary data and make a recommendation to the Commission regarding the severity of the violation, whether a penalty should or should not be assessed, and the amount of any penalty. In determining whether or not a penalty should be assessed, the intent of the violator may be considered. The Commission may impose the penalty only after giving the alleged violator the opportunity to respond to the Director of the CAD's recommendation.

B.Amount of Penalty

The penalty for a violation may be in an amount not to exceed $5,000.00 for each day the violation continues, up to a maximum of $40,000.00 for a first offense and a maximum of $110,000.00 for subsequent offenses. The amount of the penalty must be based on:

1. the severity of the violation, including the intent of the violator, the nature, circumstances, extent and gravity of any prohibited acts;
2. the history of previous violations; and
3. the amount necessary to deter future violations.
C.Repeat Violations

If the Commission finds that a carrier has repeatedly violated this rule, the Commission shall order the utility to take corrective action as necessary. In addition, the Commission, if consistent with the public interest, may suspend, restrict or revoke the registration or certificate of the carrier, so as to deny the carrier the right to provide service in the State.

D.Deposit of Penalties

Penalties collected by the Commission under this section must be deposited in the Public Utilities Commission Reimbursement Fund under 35-A M.R.S.A. §117.

65- 407 C.M.R. ch. 296, § 7