Maine Revised Statutes Title 35-A Sec. 112 – Power to obtain information
Current as of: 2023 | Check for updates
|
Other versions
1. Investigation of management of business. The commission may inquire into the management of the business of all public utilities and shall keep itself informed as to the manner and method in which each is conducted. The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service.
[PL 2011, c. 623, Pt. A, §8 (AMD).]
Attorney's Note
Under the Maine Revised Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class E crime | up to 6 months | up to $1,000 |
Terms Used In Maine Revised Statutes Title 35-A Sec. 112
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Commissioner: means one of the members of the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Dark fiber provider: means a person, its lessees, trustees, receivers or trustees appointed by any court, owning, controlling, operating or managing federally supported dark fiber that:
A. See Maine Revised Statutes Title 35-A Sec. 102Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Local exchange carrier: means any person that is engaged in the provision of telephone exchange service or exchange access. See Maine Revised Statutes Title 35-A Sec. 102 Person: includes a corporation, partnership, limited partnership, limited liability company, limited liability partnership, association, trust, estate, any other legal entity or natural person. See Maine Revised Statutes Title 35-A Sec. 102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Public utility: includes every gas utility, natural gas pipeline utility, transmission and distribution utility, telephone utility, water utility and ferry, as those terms are defined in this section, and each of those utilities is declared to be a public utility. See Maine Revised Statutes Title 35-A Sec. 102 Subpoena: A command to a witness to appear and give testimony. Summons: Another word for subpoena used by the criminal justice system. Telephone utility: includes every person, its lessees, trustees, receivers or trustees appointed by any court, that provides telephone service for compensation inside this State. See Maine Revised Statutes Title 35-A Sec. 102 United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Voice service provider: means any person providing, directly or indirectly, 2-way voice communications service for compensation in this State. See Maine Revised Statutes Title 35-A Sec. 102 Wholesale competitive local exchange carrier: means a local exchange carrier, other than an incumbent local exchange carrier, that provides a wholesale telecommunications service but does not provide telephone exchange service to a retail subscriber. See Maine Revised Statutes Title 35-A Sec. 102
2. Facilities and information to be furnished. Every public utility shall furnish the commission with:
A. All reasonable facilities for the prompt and faithful discharge of its duties; and [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. All information necessary to perform its duties and carry into effect this Title. If it is unable to furnish the information, it shall give a good and sufficient reason for the failure, and the reason for the failure shall be verified by an officer, owner or agent of the public utility and returned to the commission at its office within the time fixed by the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]
The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service.
[PL 2011, c. 623, Pt. A, §8 (AMD).]
3. Inspection of books and papers; confidentiality. The following provisions apply to inspection of books and papers.
A. The commission or any commissioner or any person employed by it for that purpose, may upon demand inspect and copy the books, accounts, papers, records and memoranda of any public utility in relation to its business and affairs. [PL 1987, c. 141, Pt. A, §6 (NEW).]
B. A person other than a commissioner must produce that person’s authority to make an inspection. [RR 2021, c. 1, Pt. B, §396 (COR).]
C. A person employed by the commission to inspect utilities documents may not divulge information ascertained by inspection except:
(1) To the commission; or
(2) Under direction of the commission. [PL 1987, c. 141, Pt. A, §6 (NEW).]
D. Any person who violates this subsection is guilty of a Class E crime. [PL 1987, c. 141, Pt. A, §6 (NEW).]
The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service.
[RR 2021, c. 1, Pt. B, §396 (COR).]
4. Production of documents; failure to obey. The commission may require the production of documents as follows.
A. The commission may require, by order or subpoena to be served on any public utility or its agent in the same manner that a summons is served in a civil action in the Superior Court, the production of any books, accounts, papers, records or verified copies of them kept by a public utility or within the control of a public utility in any office or place within or outside the State, so that an examination may be made by the commission or under its direction. [PL 2003, c. 505, §7 (AMD).]
B. [PL 2003, c. 505, §8 (RP).]
C. Subject to the requirements of the United States Constitution and the Constitution of Maine and upon a finding that there is probable cause to believe that a public utility is altering, amending, removing or destroying any of its books, accounts, papers or records in an attempt to frustrate an investigation of the commission, a Judge of the District Court or a Justice of the Peace, at the request of the commission and without notice, may issue a search warrant requiring seizure of those documents that are necessary for the commission to discharge its duties. [PL 1993, c. 165, §1 (NEW).]
The provisions of this subsection do not apply to any telephone utility other than a provider of provider of last resort service with respect to the provision of provider of last resort service.
[PL 2011, c. 623, Pt. A, §8 (AMD).]
5. Telephone utilities. Every telephone utility, dark fiber provider, voice service provider and wholesale competitive local exchange carrier shall provide to the commission upon request or order information relevant to the commission’s implementation or enforcement of any provision of state or federal law or rule to which the telephone utility, dark fiber provider, voice service provider or wholesale competitive local exchange carrier is subject and over which the commission exercises authority or jurisdiction. A telephone utility, dark fiber provider, voice service provider or wholesale competitive local exchange carrier that fails to comply with a commission order directing the production of information relevant to the commission’s implementation or enforcement of a provision of state or federal law or rule to which the telephone utility, dark fiber provider, voice service provider or wholesale competitive local exchange carrier is subject and over which the commission exercises authority or jurisdiction is in violation of this subsection.
[PL 2011, c. 623, Pt. A, §8 (NEW).]
SECTION HISTORY
PL 1987, c. 141, §A6 (NEW). PL 1993, c. 165, §1 (AMD). PL 2003, c. 505, §§7,8 (AMD). PL 2011, c. 623, Pt. A, §8 (AMD). RR 2021, c. 1, Pt. B, §396 (COR).