Public service companies; safety violations

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    (a)    In this section, “safety violation” means a condition or activity likely to cause injury or harm to an individual or property.

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

    (c)    (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)    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)    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.


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