1. (a) In this section, “safety violation” means a condition or activity likely to cause injury or harm to an individual or property.
2. (b) This section does not apply to a safety violation by a gas company that is subject to § 13-203 of this subtitle.

3. (c)

   1. (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. (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.

4. (d) In determining the amount of a civil penalty imposed under this section, the Commission shall consider the:

   1. (1) appropriateness of the penalty to the size of the public service company;
   2. (2) number of previous violations of this article by the public service company;
   3. (3) gravity of the current violation; and
   4. (4) good faith of the public service company in attempting to achieve compliance after notification of the violation.
5. (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.

Added by Acts 1998, c. 8, § 2, eff. Oct. 1, 1998. Amended by 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.

Formerly Art. 78, § 102B.