1. (a) This section does not apply to a violation of the following provisions of this article:

   1. (1) Title 5, Subtitle 4;
   2. (2) Title 7, Subtitle 1;
   3. (3) § 7-213 as it applies to electric cooperatives;
   4. (4) Title 8, Subtitles 1 and 3;
   5. (5) Title 9, Subtitle 3; and
   6. (6) Title 8, Subtitle 4.

2. (b)

   1. (1) Except as provided in paragraph (2) of this subsection, the Commission may impose a civil penalty not exceeding $25,000 against a person who violates a provision of this division, or an effective and outstanding direction, ruling, order, rule, or regulation of the Commission.
   2. (2) The civil penalty that the Commission may impose on a common carrier for each violation may not exceed $2,500.

3. (c)

   1. (1) A civil penalty may be imposed in addition to any other penalty authorized by this division.
   2. (2) Each violation is a separate offense.
   3. (3) Each day or part of a day the violation continues is a separate offense.

4. (d) The Commission shall determine the amount of any civil penalty after considering:

   1. (1) the number of previous violations of any provision of this article;
   2. (2) the gravity of the current violation;
   3. (3) the good faith efforts of the violator in attempting to achieve compliance after notification of the violation; and
   4. (4) any other matter that the Commission considers appropriate and relevant.

5. (e)

   1. (1) Except as provided in paragraphs (2) and (3) of this subsection, a civil penalty collected under this section shall be paid into the Resiliency Hub Grant Program Fund established under § 9-2015 of the State Government Article.
   2. (2) A civil penalty assessed for a violation of a service quality and reliability standard under § 7-213 of this article shall be paid into the Electric Reliability Remediation Fund under § 7-213(j) of this article.
   3. (3) A civil penalty assessed for a violation of § 7-317, § 7-318, § 7-505(b)(7), § 7-507, § 7-603, § 7-603.1, § 7-604, § 7-606, or § 7-707 of this article, or a rule, an order, or a regulation adopted under any of those sections, shall be paid into the Education and Protection Fund under § 7-310 of this article.

Added as Public Utility Companies § 13-201.1 by Acts 2001, c. 205, § 1, eff. Oct. 1, 2001. Renumbered as Public Utility Companies § 13-201 by Acts 2005, c. 133, § 1, eff. Oct. 1, 2005. Amended by Acts 2005, c. 133, § 1, eff. Oct. 1, 2005; Acts 2010, c. 52, § 1, eff. Oct. 1, 2010; Acts 2011, c. 167, § 1, eff. May 10, 2011; Acts 2011, c. 168, § 1, eff. May 10, 2011; Acts 2014, c. 581, § 1, eff. July 1, 2014; Acts 2016, c. 134, § 1, eff. Oct. 1, 2016; Acts 2022, c. 734, § 1, eff. Oct. 1, 2022; Acts 2022, c. 735, § 1, eff. Oct. 1, 2022; Acts 2024, c. 537, § 1, eff. July 1, 2024.