§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 otherwiseherein provided, shall be fined not less than $100 nor more than $500 for thefirst offense, and not less than $200 nor more than $500 for any subsequentoffense.  Each day of such violation shall constitute a separate offense.

(b)  Any person, whether carrier, shipper, orconsignee, or any officer, employee, agent, or representative thereof, whoknowingly offers, grants, or gives, or solicits, accepts, or receives anyrebate, concession, or discrimination in violation of any provisions of thischapter, or who by means of any false statement or representation or by the useof any false or fictitious bill, bill of lading, receipt, voucher, roll,account, claim, certificate, affidavit, deposition, lease, or bill of sale, orby any other means or device, knowingly and wilfully assists, suffers, orpermits any person or persons, natural or artificial, to obtain transportationof passengers or property subject to this chapter for less than the applicablerate, fare, or charge, or who knowingly and wilfully by any such means orotherwise fraudulently seeks to evade or defeat regulation as in this chapterprovided 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 anysubsequent offense.

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

(d)  Any water carrier, or any officer, agent,employee, or representative thereof, who shall fail or refuse to comply withany provision of this chapter, or any rule, regulation, filed tariff orrequirement or order thereunder, shall pay a civil penalty to the State in thesum of not less than $100, nor more than $5,000 for each offense, and, in thecase of a continuing violation, not to exceed $5,000 for each additional dayduring which the failure or refusal continues.  A penalty shall become due andpayable when the person incurring it receives a notice in writing reasonablydescribing 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 remedyavailable, the commission or its enforcement officer may issue citations topersons acting in the capacity of or engaging in the business of a watercarrier within the State, without having a certificate of public convenienceand necessity or other authority previously obtained under and in compliance withthis chapter and the rules adopted thereunder.

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

(2)  Any person served with a citation under thissubsection may submit a written request to the commission for a hearing, withintwenty days from the receipt of the citation, with respect to the violationsalleged, the scope of the order of abatement and the amount of civil penaltiesassessed.  If the person cited under this subsection timely notifies thecommission of the request for a hearing, the commission shall afford anopportunity for a hearing under chapter 91.  The hearing shall be conducted bythe commission or the commission may designate a hearings officer to hold thehearing.

(3)  If the person cited under this subsection doesnot submit a written request to the commission for a hearing within twenty daysfrom the receipt of the citation, the citation shall be deemed a final order ofthe commission.  The commission may apply to the appropriate court for a judgmentto enforce the provisions of any final order, issued by the commission ordesignated hearings officer pursuant to this subsection, including theprovisions for abatement and civil penalties imposed.  In any proceeding toenforce the provisions of the final order of the commission or designatedhearings officer, the commission need only show that the notice was given, ahearing was held or the time granted for requesting the hearing has run withoutsuch a request, and a certified copy of the final order of the commission ordesignated hearings officer.

(4)  If any party is aggrieved by the decision of thecommission or the designated hearings officer, the party may appeal, subject tochapter 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 appealunless specifically ordered by a court of competent jurisdiction after applyingthe stay criteria enumerated in section 91-14(c).  The sanctions anddisposition authorized under this subsection shall be separate and in additionto all other remedies, either civil or criminal, provided in any otherapplicable statutory provision.  The commission may adopt rules under chapter91 as may be necessary to fully effectuate this subsection. [L 1974, c 94, ptof §1; am L 1980, c 202, §2; gen ch 1985; am L 1991, c 57, §16; am L 2004, c202, §33]

 

Note

 

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

  L 2004, c 202, §82 provides:

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