Md. Code Ann., Pub. Util. § 8-409
Enforcement of subtitle
Effective Oct 1, 2010Added 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.State of Maryland
- (a) A telephone company or reseller may not fail or neglect to comply with this subtitle or with a regulation adopted under this subtitle.
(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.
- (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.
- (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.
(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.
- (f) An administrative penalty collected under this section shall be paid into the General Fund of the State.
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.