Public Utilities (GPU) — Title 13. Prohibited Acts; Penalties

Title 5, Subtitle 4;

Title 7, Subtitle 1;

Title 8, Subtitles 1 and 3; and

Title 9, Subtitle 3.

is guilty of a misdemeanor; and

unless a different punishment is specifically provided by law, on conviction is subject to a fine not exceeding $1,000 for a first offense and not exceeding $5,000 for each additional or subsequent offense.

Title 5, Subtitle 4;

Title 7, Subtitle 1;

§ 7–213 as it applies to electric cooperatives;

Title 8, Subtitles 1 and 3;

Title 9, Subtitle 3; and

Title 8, Subtitle 4.

Except as provided in paragraph (2) of this subsection, the Commission may impose a civil penalty not exceeding $25,000 against a person who violates a provision of this division, or an effective and outstanding direction, ruling, order, rule, or regulation of the Commission.

The civil penalty that the Commission may impose on a common carrier for each violation may not exceed $2,500.

A civil penalty may be imposed in addition to any other penalty authorized by this division.

Each violation is a separate offense.

Each day or part of a day the violation continues is a separate offense.

the number of previous violations of any provision of this article;

the gravity of the current violation;

the good faith efforts of the violator in attempting to achieve compliance after notification of the violation; and

any other matter that the Commission considers appropriate and relevant.

Except as provided in paragraphs (2) and (3) of this subsection, a civil penalty collected under this section shall be paid into the Resiliency Hub Grant Program Fund established under § 9–2011 of the State Government Article.

A civil penalty assessed for a violation of a service quality and reliability standard under § 7–213 of this article shall be paid into the Electric Reliability Remediation Fund under § 7–213(j) of this article.

A civil penalty assessed for a violation of § 7–317, § 7–318, § 7–505(b)(7), § 7–507, § 7–603, § 7–603.1, § 7–604, § 7–606, or § 7–707 of this article, or a rule, an order, or a regulation adopted under any of those sections, shall be paid into the Education and Protection Fund under § 7–310 of this article.

Subject to paragraph (2) of this subsection, a public service company that violates a provision of this division that relates to safety is subject to a civil penalty not exceeding $25,000 for each violation for each day that the violation persists.

For a common carrier, the maximum civil penalty may not exceed $500 for each violation or related series of violations stemming from a single safety inspection.

appropriateness of the penalty to the size of the public service company;

number of previous violations of this article by the public service company;

gravity of the current violation; and

good faith of the public service company in attempting to achieve compliance after notification of the violation.

for each violation for each day or part of a day that the violation continues; and

for a related series of violations.

appropriateness of the penalty to the size of the gas company or gas master meter operator;

gravity of the current violation; and

good faith of the gas company or gas master meter operator in attempting to achieve compliance after notification of the violation.

deducted from any amount that the State owes to the gas company or gas master meter operator; or

recovered in a civil action in State court.

the person has engaged in an act or practice that constitutes a violation of any provision of this division or any order or regulation adopted under this division that directly concerns consumer protection or public safety;

immediate, substantial, and irreparable harm will result before the affected person could have an opportunity to respond to the facts alleged;

the need for the immediate issuance of a summary cease and desist order outweighs the affected person’s right to receive notice and be heard before issuance of the order; and

issuance of the summary cease and desist order is in the public interest.

be personally and promptly served on the affected person or the person’s legal representative;

be effective only after it is served under item (1) of this subsection;

identify the date and hour of issuance;

define the harm that the Commission finds will result if the summary cease and desist order is not issued;

state the basis for the Commission’s finding that the harm will be immediate, substantial, and irreparable;

state that any person affected by the summary cease and desist order may immediately apply to have the order modified or vacated by the Commission;

state that the Commission may modify or vacate the summary cease and desist order as requested or may set the matter for hearing under subsection (c) of this section; and

provide notice of the opportunity for an evidentiary hearing to determine whether the summary cease and desist order should be modified, vacated, or entered as final.

Within 15 calendar days after the date and hour of successful service of the summary cease and desist order, the affected person may file a request for an evidentiary hearing with the Commission on the propriety of a final order.

If the Commission receives a request for an evidentiary hearing on the propriety of a final order from the affected person within the time limit in paragraph (1) of this subsection, the Commission shall complete the evidentiary hearing within 15 calendar days after the date and hour when the request is received.

Within 48 hours after completing the evidentiary hearing requested under paragraph (1) of this subsection, the Commission shall issue a final order in which it shall determine whether the affected person has engaged in an act or practice that is in violation of any provision of this division or any order or regulation adopted under this division that directly concerns consumer protection or public safety.

If the Commission does not receive a request for an evidentiary hearing on the propriety of a final order from the affected person within the time limit in paragraph (1) of this subsection, the summary cease and desist order shall become final.