§ 509. Amendment and revocation; fines; assurance of discontinuance

(a) For good cause, after opportunity for hearing, the Commission may amend or revoke any certificate of public good awarded pursuant to section 503 or 504 of this title.

(b) If the Commission finds that a company has violated any material provision of its certificate or this chapter, it shall allow the company a reasonable opportunity to cure the violation. Thereafter, in the event of failure to cure, the Commission may enter an order revoking the certificate. In addition, the Commission may impose a civil penalty in an amount not to exceed $1,000.00 per day nor a total of $20,000.00 for each violation unless otherwise provided in the certificate of public good, after giving due consideration to the size of the company, severity of the violation, and efforts to cure.

(c) In any case in which the Commission may revoke a certificate, in lieu thereof, the Commission may accept an assurance of discontinuance of any method, act, or practice from any company. Such assurance may include a stipulation for affirmative action by such company, payment of the costs of investigation, or of an amount to be held in escrow pending the outcome of an action or as restitution to aggrieved consumers, or any of the above. Any such assurance of discontinuance shall be in writing and may be sought and negotiated by the Department of Public Service, subject to the approval of the Commission. Proof of a violation of such assurance shall be prima facie evidence of violation of this chapter, or of the terms and conditions of a certificate granted under this chapter. (Added 1987, No. 271 (Adj. Sess.), § 9, eff. June 21, 1988; amended 1999, No. 157 (Adj. Sess.), § 12.)