Penalty for failure to pay recompense for violation of rule or regulation of Commission; action for recovery.

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If any railroad company doing business in this State, by its agents or employees, is guilty of a violation of the rules and regulations provided and prescribed by the commission and if, after due notice of a violation given by the Office of Regulatory Staff to the principal officer thereof, ample and full recompense for the wrong or injury done to any person as may be directed by the Office of Regulatory Staff, is not made within thirty days from the time of the notice, the company shall incur a penalty for each offense of not less than one thousand dollars nor more than five thousand dollars, to be fixed by the presiding judge. An action for recovery of any penalty shall lie in any county in the State in which the violation has occurred or the wrong has been perpetrated and shall be in the name of the State. The Office of Regulatory Staff must institute any action.

HISTORY: 1962 Code Section 58-1252; 1952 Code Section 58-1252; 1942 Code Section 8338; 1932 Code Section 8338; Civ. C. '22 Section 4885; Civ. C. '12 Section 3205; Civ. C. '02 Section 2116; R. S. 1666; 1892 (21) 14; 2006 Act No. 318, Section 139, eff May 24, 2006.


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