Section 480-15-145 - EnforcementThe commission has a number of options available to enforce its statutes, rules, orders and tariff requirements, as follows:
(1)RCW 81.04.110 allows the commission to file a complaint and hold a hearing. (2)RCW 81.04.260 allows the commission to file in court for an immediate injunction for violations of law, commission rule, order, direction or requirement of the commission. (3)RCW 81.04.380 allows penalties against public service companies of up to one thousand dollars for each violation for each day the violation occurs or continues to occur. (4)RCW 81.04.387 allows penalties against corporations, other than public service companies, of up to one thousand dollars for each offense. (5)RCW 81.04.390 provides that violations may be treated as misdemeanors. (6)RCW 81.04.405 allows penalties of one hundred dollars for each violation for each day the violation occurs or continues to occur. These penalties are issued through a penalty assessment with a fifteen-day response period. (7)RCW 81.04.510 allows the commission to issue cease and desist orders against a carrier operating without a permit.(8) Section 4(5), chapter 94, Laws of 2009 (HB 1536), allows a penalty of up to ten thousand dollars per violation for any person who engages in business as a household goods carrier in violation of a cease and desist order. (9)RCW 81.80.280 allows the commission to cancel, suspend, alter, or amend a permit for violations of federal or state law, or commission rule. (10) Section 4(4), chapter 94, Laws of 2009 (HB 1536), allows a penalty of up to five thousand dollars to any carrier operating without a permit. If the basis for the violation is advertising, each advertisement reproduced, broadcast, or displayed via a particular medium constitutes a separate violation. (11)RCW 81.80.355 provides that advertising without a permit may be treated as a misdemeanor. (12)RCW 81.80.357 allows a penalty of five hundred dollars for each violation when a carrier does not include its permit number, physical address, and telephone number in its advertisements. (13) WAC 480-120-172 allows a telecommunications company to disconnect a customer's service if that service is used for illegal purposes, such as operating without a permit issued by the commission. Wash. Admin. Code § 480-15-145
Statutory Authority: RCW 80.01.040, 80.04.160, 34.05.353, and 2009 c 94. WSR 09-24-104 (Docket TV-091038, General Order R-556), § 480-15-145, filed 12/2/09, effective 1/2/10. Statutory Authority: RCW 80.01.040, 80.04.160, 81.04.250, 81.28.040, 81.80.120, 81.80.130 and 81.80.290. WSR 08-02-049 (Docket TV-070466, General Order R-547), § 480-15-145, filed 12/27/07, effective 1/27/08.