§ 8-409. Failure to comply with subtitle; penalties

   (a) In general. -- A telephone company or reseller may not fail or neglect to comply with this subtitle or with a regulation adopted under this subtitle.

(b) Enforcement. -- For the purpose of enforcing the provisions of this subtitle, the Commission may:

   (1) exercise any of the powers conferred under this division against a telephone company or reseller; and

   (2) in the case of a complaint filed against a telephone company or reseller, order the telephone company or reseller to make reparations to the complaining party in accordance with § 8-405 of this subtitle.

(c) Administrative penalty. -- In addition to any other available penalty, the Commission may assess directly, after an opportunity for hearing, an administrative penalty on a telephone company or reseller that violates the provisions of this subtitle, or a regulation adopted under this subtitle, or federal law or regulation on unauthorized changes to a customer's telephone company, reseller, or telecommunications service options, or to the person who bills the customer or the customer's billing arrangement.

(d) Amount of penalty. -- The administrative penalty assessed under this section may not exceed $ 1,000 for each violation associated with a specific access line in the State.

(e) Factors considered in assessing penalty. -- In assessing an administrative penalty under this section, the Commission shall consider:

   (1) the nature, circumstances, extent, gravity, and number of violations;

   (2) the degree of culpability of the violator;

   (3) prior offenses and repeated violations of the violator; and

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

(f) Penalties to be paid into General Fund. -- An administrative penalty collected under this section shall be paid into the General Fund of the State.

HISTORY: 1999, chs. 543, 544; 2010, ch. 52.