291 Neb. Admin. Code, ch. 10, § 007

Current through September 17, 2024

Section 291-10-007 - ADMINISTRATIVE PENALTIES

007.01Violation of Rules:

A company not in compliance with Neb. Rev. Stat. Sections 86-316 to 86-329 or the rules and regulations adopted and promulgated thereunder may be subject to civil penalties as provided in Title 291, Chapter 1, Section 027 of the Rules of Commission Procedure.

007.02Refusal to Pay an Administrative Fine:

A company that refuses or fails to pay an administrative fine within sixty (60) days from the date the fine is imposed shall be subject to Rule 007.04.

007.03Repeat Violations:

A telecommunications company that repeatedly violates the NUSF Rules shall be subject to Rule 007.04.

007.04Show Cause Order:

A telecommunications company that is in violation of Rule 007.02 or 007.03 shall be subject to a Show Cause Order filed pursuant to the Rules of Commission Procedure and the following penalties may be imposed on such company:

007.04ACertificated or Permitted Telecommunications Company: A telecommunications company that holds a Certificate of Public Convenience and, Necessity or at permit granted by the Commission may have such certificate or permit revoked.

007.04BNon-Certificated or Permitted Telecommunications company: A telecommunications company that does not hold a Certificate of Public Convenience and Necessity or a permit form the Commission may be ordered to cease and desist from providing telecommunications services in Nebraska intrastate commerce.

007.05Fine Limits:

No administrative fine may exceed the limits set forth in the Neb. Rev. Stat. Section 75-156.

007.06Notice:

Whenever the Commission seeks to impose an administrative penalty pursuant to Rule 007 due to a violation, the Director or the Commission shall notify such company in writing sent by certified United States mail, return receipt requested, (a) setting forth the date, facts, and nature of each act or omission upon which each charge of a violation is based, (b) specifically identifying the particular statute, certificate, permit, or order violated, (c) that a hearing will be held and the time, date, and place of the hearing, (d) that in addition to the civil penalty provided in Rule 007, that the Commission may enforce additional penalties and relief as provided by law, and (e) that upon failure to pay any civil penalty determined by the Commission, the penalty may be collected by civil action in the District Court of Lancaster County, Nebraska.

007.06AWaiver of Hearing: Any company that receives notice of a violation of Rule 007 pursuant to Rule 007.06 may waive its right to a hearing and comply with any civil penalties described in said notice. The hearing will be canceled only upon receipt of a written request from the affected company and receipt of any administrative penalties that are due.

291 Neb. Admin. Code, ch. 10, § 007