Maine Revised Statutes
Chapter 47: GAS UTILITIES
35-A §4705-A. Administrative penalty

§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 $223,000 for each violation. Each day of violation constitutes a separate offense.
[PL 2021, c. 318, §18 (AMD).]
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).