New Hampshire Revised Statutes 374:7-a – Violation
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I. Any person who knowingly or willfully violates any provision of N.H. Rev. Stat. § 370:2 or any standards or rules adopted under it by the public utilities commission or the department of energy, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty not to exceed the maximum civil penalty under 49 U.S.C. § 60122(a), as amended.
II. Any person who otherwise violates any provision of N.H. Rev. Stat. § 370:2 or any standards or rules adopted under it by the public utilities commission or the department of energy, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty not to exceed the maximum civil penalty under 49 U.S.C. § 60122(a), as amended.
III. The department of energy shall assess and enforce civil penalties related to this section. Any civil penalty assessed under this section may be appealed to the public utilities commission, and the commission may uphold, reverse, or compromise such civil penalty. In determining the amount of the penalty, the outcome of an appeal, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, the good faith of the person charged in attempting to achieve compliance, after notification of a violation, the degree of culpability of the person, the history of prior violations, the effect of the penalty on the person, and any other identifiable factor related to the circumstances of the person and the nature and circumstances of the violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.
II. Any person who otherwise violates any provision of N.H. Rev. Stat. § 370:2 or any standards or rules adopted under it by the public utilities commission or the department of energy, relative to gas pipelines and liquefied petroleum gas systems pursuant to the Natural Gas Pipeline Safety Act, shall be subject to a civil penalty not to exceed the maximum civil penalty under 49 U.S.C. § 60122(a), as amended.
Terms Used In New Hampshire Revised Statutes 374:7-a
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- commission: as used in this title , means the public utilities commission. See New Hampshire Revised Statutes 362:1
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Uphold: The decision of an appellate court not to reverse a lower court decision.
III. The department of energy shall assess and enforce civil penalties related to this section. Any civil penalty assessed under this section may be appealed to the public utilities commission, and the commission may uphold, reverse, or compromise such civil penalty. In determining the amount of the penalty, the outcome of an appeal, or the amount agreed upon in compromise, the appropriateness of the penalty to the size of the business of the person charged, the gravity of the violation, the good faith of the person charged in attempting to achieve compliance, after notification of a violation, the degree of culpability of the person, the history of prior violations, the effect of the penalty on the person, and any other identifiable factor related to the circumstances of the person and the nature and circumstances of the violation, shall be considered. The amount of the penalty, when finally determined, or the amount agreed upon in compromise, may be deducted from any sums owing by the state to the person charged or may be recovered in a civil action in the state courts.