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§ 8-409. Enforcement of subtitle

West's Annotated Code of MarylandPublic UtilitiesEffective: October 1, 2010

West's Annotated Code of Maryland
Public Utilities (Refs & Annos)
Division I. Public Services and Utilities [Titles 1-15] (Refs & Annos)
Title 8. Telegraph and Telephone Companies (Refs & Annos)
Subtitle 4. Telecommunications Service Changes (Refs & Annos)
Effective: October 1, 2010
MD Code, Public Utilities, § 8-409
Formerly cited as MD PUBLIC UTIL COMP § 8-409
§ 8-409. Enforcement of subtitle
Currentness
Compliance with subtitle required
(a) A telephone company or reseller may not fail or neglect to comply with this subtitle or with a regulation adopted under this subtitle.
Enforcement powers of Commission
(b) 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.
Administrative penalties
(c) 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.
Amount of administrative penalty
(d) The administrative penalty assessed under this section may not exceed $1,000 for each violation associated with a specific access line in the State.
Factors considered in assessing administrative penalty
(e) 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.
Penalties paid into General Fund
(f) An administrative penalty collected under this section shall be paid into the General Fund of the State.

Credits

Added by Acts 1999, c. 543, § 1, eff. Oct. 1, 1999; Acts 1999, c. 544, § 1, eff. Oct. 1, 1999. Amended by Acts 2010, c. 52, § 1, eff. Oct. 1, 2010.
MD Code, Public Utilities, § 8-409, MD PUBLIC UTIL § 8-409
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document