§ 8-1-29.5-6 — Service complaints; investigation by commission; enforcement remedies; civil penalties; enforcement by attorney general; right to appeal

Indiana § 8-1-29.5-6

• Jurisdiction: Indiana
• Art. 1: UTILITIES GENERALLY
• Ch. 29.5: Enforcement Remedies for Prohibited Actions by

Text

(a) If:
(1) ten (10) or more customers of a provider or a certificate
holder;
(2) the utility consumer counselor; or
(3) any class satisfying the standing requirements of IC 8-1-2-54;
files a verified complaint with the commission alleging that a service
over which the commission has jurisdiction that is provided by a
provider or a certificate holder is unsafe, unjustly discriminatory, or
inadequate, or that any service cannot be obtained, the commission
may investigate the complaint as the commission considers
appropriate. The commission shall conduct an investigation under this
section on an expedited basis.
(b) If, after notice and an opportunity for hearing, the commission
determines from an investigation conducted under subsection (a) that
a service over which the commission has jurisdiction that is provided
by a provider or a certificate holder is unsafe, unjustly discriminatory,
or inadequate, or that any service cannot be obtained, the commission
may do any of the following:
(1) Issue an order directing the provider or the certificate holder
to cease and desist from any action resulting in unsafe, unjustly
discriminatory, or inadequate service.
(2) Mandate corrective action.
(3) Revoke or modify the terms of:
(A) an indeterminate permit;
(B) a certificate of territorial authority;
(C) a certificate of franchise authority issued under IC 8-1-34;
or
(D) another license or authorization;
issued to the provider or the certificate holder by the commission.
(4) Impose a civil penalty of not more than ten thousand dollars
($10,000) per offense, if the offense involves any of the
following:
(A) A willful disregard, as evidenced by a continuing pattern of
conduct, by the provider or the certificate holder of its
obligation to remedy the offense after the provider or the
certificate holder becomes aware of the offense.
(B) Repeated errors in bills issued to one (1) or more customer
classes, if the errors:
(i) represent intentional misconduct or an act of fraud by the
provider or the certificate holder or by any officer,
accountant, or agent of the provider or the certificate holder;
or
(ii) demonstrate, by a continuing pattern of conduct, a willful
disregard by the provider or the certificate holder of its
obligation to remedy the errors after the provider or the
certificate holder becomes aware of the errors.
Subject to section 7(a)(1) of this chapter, for purposes of this
subdivision, a single act, omission, occurrence, or event that
results in multiple complaints being filed under subsection (a)
constitutes a single offense and is not subject to more than one (1)
civil penalty. The commission may not consider each day that a
particular act, omission, occurrence, or event continues to be a
separate offense.
(c) A matter resolved through voluntary mediation is not subject to
any of the remedies allowed under subsection (b).
(d) A provider or a certificate holder may not be subject to both:
(1) a civil penalty or order of the commission under this section;
and
(2) a penalty or remedy agreed to in a commission approved
settlement agreement;
for the same offense. If the commission has approved a settlement
agreement under IC 8-1-2.6 that includes penalties or remedies for
noncompliance with specific provisions of the settlement agreement,
the penalties or remedies provided in this section do not apply to those
instances of noncompliance during the life of the settlement agreement.
(e) The attorney general may bring an action in the name of the state
to enforce any action taken by the commission under subsection (b),
including the collection of an unpaid civil penalty imposed by the
commission.
(f) The following are subject to appeal by a provider under IC 8-1-3:
(1) A determination by the commission under this section that a
service is unsafe, unjustly discriminatory, or inadequate, or that
a service cannot be obtained.
(2) The appropriateness of any action taken by the commission
under subsection (b)(1) through (b)(3).
(3) The appropriateness of:
(A) the imposition of a civil penalty by the commission under
subsection (b)(4); or
(B) the amount of the penalty imposed.
Upon the motion of a provider or a certificate holder, the commission
shall stay the effect or enforceability of an order or penalty under this
section pending an appeal, subject to the provider or the certificate
holder posting a bond that complies with Rule 18 of the Indiana Rules
of Appellate Procedure.

Legislative History

As added by P.L.27-2006, SEC.53.