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Statutes > Vermont > Title-30 > Chapter-1 > 30
§ 30. Penalties
(a)(1) A person, company or corporation subject to the supervision of the board or the department of public service, who refuses the board or the department of public service access to the books, accounts or papers of such person, company or corporation within this state, so far as may be necessary under the provisions of this title, or who fails, other than through negligence, to furnish any returns, reports or information lawfully required by it, or who willfully hinders, delays or obstructs it in the discharge of the duties imposed upon it, or who fails within a reasonable time to obey a final order or decree of the board, or who violates a provision of chapters 7 or 75 of this title, or a provision of sections 231 or 248 of this title, or a rule of the board, shall be required to pay a civil penalty as provided in subsection (b) of this section, after notice and opportunity for hearing.
(2) A person who violates a provision of chapters 3 or 5 of this title, except for the provisions of sections 231 or 248 of this title, shall be required to pay a civil penalty, after notice and opportunity for hearing. If the board determines that the violation substantially harmed or might have substantially harmed the public health, safety or welfare, the interests of utility customers, the environment, the reliability of utility service, or the financial stability of the company, the board may impose a civil penalty as provided in subsection (b) of this section. If the board determines that the violation did not cause or was not likely to cause such harm, the board may impose a civil penalty of not more than $10,000.00.
(b) The board may impose a civil penalty under subsection (a) of this section of not more than $40,000.00. In the case of a continuing violation, an additional fine of not more than $10,000.00 per day may be imposed. In no event shall the total fine exceed the larger of:
(1) $100,000.00; or
(2) one-tenth of one percent of the gross Vermont revenues from regulated activity of the person, company or corporation in the preceding year.
(c) In determining the amount of a fine under subsection (a) of this section, the board may consider any of the following factors:
(1) the extent that the violation harmed or might have harmed the public health, safety or welfare, the environment, the reliability of utility service or the other interests of utility customers;
(2) whether the respondent knew or had reason to know the violation existed and whether the violation was intentional;
(3) the economic benefit, if any, that could have been anticipated from an intentional or knowing violation;
(4) the length of time that the violation existed;
(5) the deterrent effect of the penalty;
(6) the economic resources of the respondent;
(7) the respondent's record of compliance; and
(8) any other aggravating or mitigating circumstance.
(d) After notice and an opportunity to be heard, the board may order any person, company, or corporation subject to the supervision of the board or the department of public service who negligently fails to furnish any returns, reports, or information lawfully required by it to pay a civil penalty of not more than $10,000.00.
(e) A person who knowingly, under oath, makes a false return or statement or who knowingly, under oath, when required by law, gives false information to the board, or the department of public service, or who knowingly testifies falsely in any material matter before either of them, shall be deemed to have committed perjury and shall be punished accordingly.
(f) Violations of the rules of procedure for the determination of cases heard by the public service board shall not be subject to the provisions of subsection (a), (b), or (c) of this section. (Amended 1959, No. 329 (Adj. Sess.), § 39(b), eff. March 1, 1961; 1979, No. 204 (Adj. Sess.), § 16, eff. Feb. 1, 1981; 1995, No. 99 (Adj. Sess.), § 1.)
