§ 13-202. Public service companies; safety violations

   (a) "Safety violation" defined. -- In this section, "safety violation" means a condition or activity likely to cause injury or harm to an individual or property.

(b) Scope of section. -- This section does not apply to a safety violation by a gas company that is subject to § 13-203 of this subtitle.

(c) Maximum penalties. --

   (1) 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.

   (2) 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.

(d) Factors in determining penalty. -- In determining the amount of a civil penalty imposed under this section, the Commission shall consider the:

   (1) appropriateness of the penalty to the size of the public service company;

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

   (3) gravity of the current violation; and

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

(e) Reconsideration. -- The public service company involved may request reconsideration of a penalty imposed under this section within 30 days after the date of notification of the determination.

HISTORY: An. Code 1957, art. 78, § 102B; 1998, ch. 8, § 2; 2010, ch. 52; 2011, chs. 167, 168.