D.__The commission may order a telephone utility to withhold |
funds collected on behalf of a carrier that is subject to an |
administrative penalty proceeding conducted pursuant to this |
section if it finds that it is more likely than not that |
penalties will be imposed or customer refunds will be |
ordered that are equal to or greater than the amount ordered |
withheld.__The commission shall provide the carrier notice |
and an opportunity to be heard prior to ordering funds to be |
withheld.__If the commission finds that there is a clear |
danger that, if notified in advance, the carrier will |
conceal or otherwise make funds unavailable to satisfy |
penalties or customer refunds prior to providing notice and |
an opportunity to be heard, it may issue an order to the |
public utility to withhold the funds without providing |
notice or an opportunity to be heard.__To issue such an |
order, the commission must also make the first finding |
required by this paragraph.__The commission shall, without |
delay, provide a copy of the order to the carrier along with |
written notice that the carrier, on request, will be |
provided with an opportunity to contest the finding that it |
is more likely than not that penalties will be imposed or |
customer refunds will be ordered that are equal to or |
greater than the amount ordered withheld. |