Maine Revised Statutes Title 35-A Sec. 4705-A – Administrative penalty
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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).]
Terms Used In Maine Revised Statutes Title 35-A Sec. 4705-A
- Commission: means the Public Utilities Commission. See Maine Revised Statutes Title 35-A Sec. 102
- Gas utility: includes every person, that person's lessees, trustees, receivers or trustees appointed by any court owning, controlling, operating or managing any gas plant for compensation within this State, except when gas is made or produced on and distributed by the maker or producer through private property alone solely for its own tenants and not for sale to others, or when the gas is sold solely for use in vehicles fueled by natural gas or to a liquid gas system that serves fewer than 10 customers as long as no portion of the liquid gas system is located in a public place or that serves a single customer if the liquid gas system is located entirely on the customer's premises. See Maine Revised Statutes Title 35-A Sec. 102
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).