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Statutes Text

Article - Public Utilities


    (a)    This section does not apply to a violation of the following provisions of this article:

        (1)    Title 5, Subtitle 4;

        (2)    Title 7, Subtitle 1;

        (3)    § 7–213 as it applies to electric cooperatives;

        (4)    Title 8, Subtitles 1 and 3;

        (5)    Title 9, Subtitle 3; and

        (6)    Title 8, Subtitle 4.

    (b)    (1)    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.

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

    (c)    (1)    A civil penalty may be imposed in addition to any other penalty authorized by this division.

        (2)    Each violation is a separate offense.

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

    (d)    The Commission shall determine the amount of any civil penalty after considering:

        (1)    the number of previous violations of any provision of this article;

        (2)    the gravity of the current violation;

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

        (4)    any other matter that the Commission considers appropriate and relevant.

    (e)    (1)    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.

        (2)    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.

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

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