§271G-19  Unlawful operation. 
(a)  Any person knowingly and wilfully violating any provision of this chapter,
or violating any certificate for which violation a penalty is not otherwise
herein provided, shall be fined not less than $100 nor more than $500 for the
first offense, and not less than $200 nor more than $500 for any subsequent
offense.  Each day of such violation shall constitute a separate offense.



(b)  Any person, whether carrier, shipper, or
consignee, or any officer, employee, agent, or representative thereof, who
knowingly offers, grants, or gives, or solicits, accepts, or receives any
rebate, concession, or discrimination in violation of any provisions of this
chapter, or who by means of any false statement or representation or by the use
of any false or fictitious bill, bill of lading, receipt, voucher, roll,
account, claim, certificate, affidavit, deposition, lease, or bill of sale, or
by any other means or device, knowingly and wilfully assists, suffers, or
permits any person or persons, natural or artificial, to obtain transportation
of passengers or property subject to this chapter for less than the applicable
rate, fare, or charge, or who knowingly and wilfully by any such means or
otherwise fraudulently seeks to evade or defeat regulation as in this chapter
provided for water carriers, shall be fined not less than $200 nor more than
$500 for the first offense and not less than $250 nor more than $2,000 for any
subsequent offense.



(c)  Any special agent, accountant, or examiner
who knowingly and wilfully divulges any fact or information which may come to
the special agent's, accountant's, or examiner's knowledge during the course of
any examination or inspection made under authority of section 271G-18, except
as the special agent, accountant, or examiner may be directed by the commission
or by a court or judge thereof, shall be guilty of a misdemeanor, and shall be
subject to a fine of not more than $500 or imprisonment for not exceeding one
year, or both.



(d)  Any water carrier, or any officer, agent,
employee, or representative thereof, who shall fail or refuse to comply with
any provision of this chapter, or any rule, regulation, filed tariff or
requirement or order thereunder, shall pay a civil penalty to the State in the
sum of not less than $100, nor more than $5,000 for each offense, and, in the
case of a continuing violation, not to exceed $5,000 for each additional day
during which the failure or refusal continues.  A penalty shall become due and
payable when the person incurring it receives a notice in writing reasonably
describing the violation and advising that the penalty is due.



(e)  [2004 amendment repealed June 30,
2010.  L 2006, c 94, §1.]  In addition to any other remedy
available, the commission or its enforcement officer may issue citations to
persons acting in the capacity of or engaging in the business of a water
carrier within the State, without having a certificate of public convenience
and necessity or other authority previously obtained under and in compliance with
this chapter and the rules adopted thereunder.



(1)  The citation may contain an order of abatement
and an assessment of civil penalties of not less than $100, nor more than $500
for each such offense, and, in the case of a continuing violation, not less
than $200 nor more than $500 for each day that uncertified activity continues. 
All penalties collected under this subsection shall be deposited in the
treasury of the State.  Service of a citation issued under this subsection
shall be made by personal service whenever possible, or by certified mail,
restricted delivery, sent to the last known business or residence address of
the person cited.



(2)  Any person served with a citation under this
subsection may submit a written request to the commission for a hearing, within
twenty days from the receipt of the citation, with respect to the violations
alleged, the scope of the order of abatement and the amount of civil penalties
assessed.  If the person cited under this subsection timely notifies the
commission of the request for a hearing, the commission shall afford an
opportunity for a hearing under chapter 91.  The hearing shall be conducted by
the commission or the commission may designate a hearings officer to hold the
hearing.



(3)  If the person cited under this subsection does
not submit a written request to the commission for a hearing within twenty days
from the receipt of the citation, the citation shall be deemed a final order of
the commission.  The commission may apply to the appropriate court for a judgment
to enforce the provisions of any final order, issued by the commission or
designated hearings officer pursuant to this subsection, including the
provisions for abatement and civil penalties imposed.  In any proceeding to
enforce the provisions of the final order of the commission or designated
hearings officer, the commission need only show that the notice was given, a
hearing was held or the time granted for requesting the hearing has run without
such a request, and a certified copy of the final order of the commission or
designated hearings officer.



(4)  If any party is aggrieved by the decision of the
commission or the designated hearings officer, the party may appeal, subject to
chapter 602, in the manner provided for civil appeals from the circuit courts;
provided that the operation of an abatement order shall not be stayed on appeal
unless specifically ordered by a court of competent jurisdiction after applying
the stay criteria enumerated in section 91-14(c).  The sanctions and
disposition authorized under this subsection shall be separate and in addition
to all other remedies, either civil or criminal, provided in any other
applicable statutory provision.  The commission may adopt rules under chapter
91 as may be necessary to fully effectuate this subsection. [L 1974, c 94, pt
of §1; am L 1980, c 202, §2; gen ch 1985; am L 1991, c 57, §16; am L 2004, c
202, §33]



 



Note



 



  The L 2004, c 202, §33 amendment to subsection (e) is
repealed on June 30, 2010.  L 2006, c 94, §1.



  L 2004, c 202, §82 provides:



  "SECTION 82.  Appeals pending in the supreme court as of
the effective date of this Act [July 1, 2006] may be transferred to the
intermediate appellate court or retained at the supreme court as the chief
justice, in the chief justice's sole discretion, directs."