Rule 515-16-14-.07 - Civil Penalties(1) In determining the amount of any civil penalty to be assessed under Transportation Rule 515-16-14-.03, the Commission may consider the nature, circumstances and gravity of the violation of the Act; the degree of the Respondent's culpability; the Respondent's history of prior violations of the Act; and such other factors as may be appropriate.(2) A Respondent shall pay any civil penalty that has been assessed by submitting to the Commission, in care of Director of Transportation Unit, a certified check payable to the Georgia Public Service Commission.(3) Except to the extent precluded by lower penalties specified in O.C.G.A. § 44-1-13, 46-7-91 or other specific federal or state statutes applicable to a given carrier conduct, the criminal and civil penalties for violation of this Chapter include those set forth in O.C.G.A. §§ 46-2-90 through 46-2-93, 46-7-39 and 46-7-90 and in Chapters 515-16-3 and 515-16-10 of these Transportation Rules; and such penalties ranging as high as $15,000.00 per violation, plus $10,000.00 per day for each day such violation continues, can only be imposed by the Commission after notice and hearing, unless the violator consents in writing to such penalties. Such higher civil penalties are applicable to those carriers who violate a Commission Order or these Transportation Rules repeatedly or otherwise demonstrate willful or wanton refusal to comply with, or disregard for, this Commission's jurisdiction, Georgia law and these Transportation Rules.Ga. Comp. R. & Regs. R. 515-16-14-.07
Authority O.C.G.A. Secs. 44-1-13, 46-2-90, 46-2-91, 46-7-5, 46-7-11, 46-7-27, 46-7-39, 46-7-85.17, 46-7-90, 46-7-91, R. 515-16-10-.03.
Original Rule entitled "Civil Penalties" adopted. F. June 10, 2008; eff. June 30, 2008.