LD 1483
pg. 13
Page 12 of 16 PUBLIC Law Chapter 505 Page 14 of 16
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LR 1461
Item 1

 
(4)__Good faith attempts to comply after notification of
a violation; and

 
(5)__Such other matters as justice requires.

 
Sec. 41. 35-A MRSA §7106, sub-§2, ¶C, as enacted by PL 1997, c. 702,
§1, is repealed.

 
Sec. 42. 35-A MRSA §7106, sub-§2, ¶D is enacted to read:

 
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.

 
Sec. 43. 35-A MRSA §7107, sub-§3, as enacted by PL 1999, c. 59, §1 and
affected by §3, is repealed.

 
Sec. 44. 35-A MRSA §7107, sub-§3-A is enacted to read:

 
3-A.__Denial or revocation of registration; notice.__The
commission may by order, after notice and opportunity for
hearing, deny, suspend or revoke an application for registration
as, or the registration of, a service provider or billing
aggregator if the commission finds that the order is in the
public interest and that the applicant or registrant, or a
principal of the applicant or registrant:

 
A.__Has knowingly misrepresented or omitted a material fact on
the application for registration as a service provider or


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