§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 $223,000 for each violation. Each day of violation constitutes a separate offense.
[PL 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.
[PL 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;
[PL 2003, c. 505, §38 (NEW).]
B.
The degree of the gas utility's culpability;
[PL 2003, c. 505, §38 (NEW).]
C.
The gas utility's history of prior offenses;
[PL 2003, c. 505, §38 (NEW).]
D.
The gas utility's ability to pay;
[PL 2003, c. 505, §38 (NEW).]
E.
Any good faith by the gas utility in attempting to achieve compliance;
[PL 2003, c. 505, §38 (NEW).]
F.
The effect on the gas utility's ability to continue in business; and
[PL 2003, c. 505, §38 (NEW).]
G.
Such other matters as justice may require.
[PL 2003, c. 505, §38 (NEW).]
[PL 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
[PL 2003, c. 505, §38 (NEW).]
B.
Recovered in a civil action in the state courts.
[PL 2003, c. 505, §38 (NEW).]
[PL 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.
[PL 2003, c. 505, §38 (NEW).]
SECTION HISTORY
PL 2003, c. 505, §38 (NEW). PL 2013, c. 495, §2 (AMD). PL 2021, c. 318, §§18, 19 (AMD).