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seek to apply the amount in a manner that benefits those | | customers affected or potentially affected by the violation, | | if they can reasonably be identified or, if the commission | | determines this application of the amount to be impractical or | | unreasonable, in a manner that benefits the class or group of | | customers affected or potentially affected by the violation.__ | | In order to achieve the purposes of this paragraph, the | | commission may apply the funds: |
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| | | (1)__In the form of a direct payment or credit to the | | customers or group or class of customers affected or | | potentially affected by the violation resulting in the | | administrative penalty; |
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| | | (2)__To supplement a low-income assistance or outreach | | program that the commission determines would benefit | | customers affected or potentially affected by the | | violation resulting in the administrative penalty; |
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| | | (3)__To supplement the conservation program fund | | established pursuant to section 3211-A, subsection 5; |
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| | | (4)__To supplement the telecommunications education | | access fund established pursuant to section 7104-B; or |
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| | | (5)__To supplement any other program or fund that the | | commission determines would benefit customers affected | | or potentially affected by the violation. |
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| | | Amounts applied pursuant to this paragraph to supplement an | | existing program or fund may not result in a reduction in | | other funding provided for the program or fund unless the | | reduction is outside the commission's control and the | | commission finds that application of the penalty amount to | | the fund or program is the most appropriate use of the | | penalty and the net effect will be an increase in total | | funding available to the program or fund. |
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| | | Sec. 2. 35-A MRSA §1510-A, as enacted by PL 2003, c. 505, §26, is | | repealed and the following enacted in its place: |
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| | | §1510-A. Disposition of administrative penalty |
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| | | The disposition of administrative__penalties collected by the | | commission is governed by section 117, subsection 3. |
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