§4516-A. Administrative penalty
1. Violation of this Title. The commission may impose an administrative penalty on a natural gas pipeline utility that violates any provision of this Title relating to safety of pipeline facilities or transportation of gas or any rule issued under this Title in an amount not to exceed $200,000 for each violation. Each day of violation constitutes a separate offense.
[PL 2013, c. 495, §1 (AMD).]
2. Maximum administrative penalty. The maximum administrative penalty may not exceed $2,000,000 for any related series of violations.
[PL 2013, c. 495, §1 (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, §35 (NEW).]
B. The degree of the natural gas pipeline utility's culpability; [PL 2003, c. 505, §35 (NEW).]
C. The natural gas pipeline utility's history of prior offenses; [PL 2003, c. 505, §35 (NEW).]
D. The natural gas pipeline utility's ability to pay; [PL 2003, c. 505, §35 (NEW).]
E. Any good faith by the natural gas pipeline utility in attempting to achieve compliance; [PL 2003, c. 505, §35 (NEW).]
F. The effect on the natural gas pipeline utility's ability to continue in business; and [PL 2003, c. 505, §35 (NEW).]
G. Such other matters as justice may require. [PL 2003, c. 505, §35 (NEW).]
[PL 2003, c. 505, §35 (NEW).]
4. Payment of penalty. The amount of the administrative penalty may be:
A. Deducted from any sums owing by the State to the natural gas pipeline utility; or [PL 2003, c. 505, §35 (NEW).]
B. Recovered in a civil action in the state courts. [PL 2003, c. 505, §35 (NEW).]
[PL 2003, c. 505, §35 (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, §35 (NEW).]
SECTION HISTORY
PL 2003, c. 505, §35 (NEW). PL 2013, c. 495, §1 (AMD).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.