3301 - Civil penalties for violations.
CHAPTER 33 VIOLATIONS AND PENALTIES Sec. 3301. Civil penalties for violations. 3302. Criminal penalties for violations. 3303. Nonliability for enforcement of lawful tariffs and rates. 3304. Unlawful issuance and assumption of securities. 3305. Misapplication of proceeds of securities. 3306. Execution of unlawful contracts. 3307. Refusal to obey subpoena and testify. 3308. Concealment of witnesses and records. 3309. Liability for damages occasioned by unlawful acts. 3310. Unauthorized operation by carriers and brokers. 3311. Bribery. 3312. Evasion of motor carrier and broker regulations. 3313. Excessive price on resale. 3314. Limitation of actions and cumulation of remedies. 3315. Disposition of fines and penalties. 3316. Protection of public utility employees. Enactment. Chapter 33 was added July 1, 1978, P.L.598, No.116, effective in 60 days. Cross References. Chapter 33 is referred to in section 3015 of this title. § 3301. Civil penalties for violations. (a) General rule.--If any public utility, or any other person or corporation subject to this part, shall violate any of the provisions of this part, or shall do any matter or thing herein prohibited; or shall fail, omit, neglect, or refuse to perform any duty enjoined upon it by this part; or shall fail, omit, neglect or refuse to obey, observe, and comply with any regulation or final direction, requirement, determination or order made by the commission, or any order of the commission prescribing temporary rates in any rate proceeding, or to comply with any final judgment, order or decree made by any court, such public utility, person or corporation for such violation, omission, failure, neglect, or refusal, shall forfeit and pay to the Commonwealth a sum not exceeding $1,000, to be recovered by an action of assumpsit instituted in the name of the Commonwealth. In construing and enforcing the provisions of this section, the violation, omission, failure, neglect, or refusal of any officer, agent, or employee acting for, or employed by, any such public utility, person or corporation shall, in every case be deemed to be the violation, omission, failure, neglect, or refusal of such public utility, person or corporation. (b) Continuing offenses.--Each and every day's continuance in the violation of any regulation or final direction, requirement, determination, or order of the commission, or of any order of the commission prescribing temporary rates in any rate proceeding, or of any final judgment, order or decree made by any court, shall be a separate and distinct offense. If any interlocutory order of supersedeas, or a preliminary injunction be granted, no penalties shall be incurred or collected for or on account of any act, matter, or thing done in violation of such final direction, requirement, determination, order, or decree, so superseded or enjoined for the period of time such order of supersedeas or injunction is in force. (c) Gas pipeline safety violations.--Any person or corporation, defined as a public utility in this part, who violates any provisions of this part governing the safety of pipeline or conduit facilities in the transportation of natural gas, flammable gas, or gas which is toxic or corrosive, or of any regulation or order issued thereunder, shall be subject to a civil penalty of not to exceed $10,000 for each violation for each day that the violation persists, except that the maximum civil penalty shall not exceed $500,000 for any related series of violations. (d) Deduction from sums owing by Commonwealth.--The amount of the penalty, when finally determined, may be deducted from any sums owing by the Commonwealth to the person or corporation charged or may be recovered in a civil action. (Apr. 16, 1992, P.L.149, No.27, eff. 60 days) 1992 Amendment. Act 27 amended subsec. (c). Cross References. Section 3301 is referred to in sections 2404, 3309 of this title.