2012 Maine Revised Statutes
TITLE 35-A: PUBLIC UTILITIES (HEADING: PL 1987, c. 141, Pt. A, @6 (new))
Chapter 47: GAS UTILITIES
35-A §4705-A. Administrative penalty

Part 4: GAS HEADING: PL 1987, C. 141, PT. A, §6 (NEW)

§4705-A. Administrative penalty

1. 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 $100,000 for each violation. Each day of violation constitutes a separate offense.

[ 2003, c. 505, §38 (NEW) .]

2. Maximum administrative penalty. The maximum administrative penalty may not exceed $1,000,000 for any related series of violations.

[ 2003, c. 505, §38 (NEW) .]

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) .]

SECTION HISTORY

2003, c. 505, §38 (NEW).