Maine Revised Statutes

§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 $200,000 for each violation. Each day of violation constitutes a separate offense.
[ 2013, c. 495, §2 (AMD) .]
2. Maximum administrative penalty.  The maximum administrative penalty may not exceed $2,000,000 for any related series of violations.
[ 2013, c. 495, §2 (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; [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). 2013, c. 495, §2 (AMD).