{"operation":"document","citation":"4 CCR 723-4 Rule 4010","title":"Regulated Gas Utility Violations, Civil Enforcement, and Enhancement of Civil Penalties","source_type":"regulation","agency":"Colorado Public Utilities Commission","status":"current","official":true,"published_on":null,"effective_on":null,"summary":"(a) The Commission may impose a civil penalty in accordance with the requirements and procedures contained in § 40-7-113.5, C.R.S., § 40-7-116.5, C.R.S., and paragraph 1302(b), 4 Code of Colorado Regulations 723-1, for intentional violations of statutes in Articles 1 to 7 and 15 of Title 40, C.R.S.,","machine_formats":{"json":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4010.json","markdown":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4010.md"},"app_url":"https://regulus.evalyn.ai/document/co-ccr-4-723-4-4010","source_url":"https://www.sos.state.co.us/CCR/DisplayRule.do?action=ruleinfo&ruleId=2260&deptID=18&agencyID=96&deptName=Department%20of%20Regulatory%20Agencies&agencyName=Public%20Utilities%20Commission&seriesNum=4%20CCR%20723-4","body":"(a) The Commission may impose a civil penalty in accordance with the requirements\nand procedures contained in § 40-7-113.5, C.R.S., § 40-7-116.5, C.R.S., and\nparagraph 1302(b), 4 Code of Colorado Regulations 723-1, for intentional\nviolations of statutes in Articles 1 to 7 and 15 of Title 40, C.R.S., Commission\nrules, or Commission orders as specified in §§ 40-7-113.5 and 40-7-116.5,\nC.R.S., and in these rules.\n(b) The Director of the Commission or his or her designee shall have the authority to\nissue civil penalty assessments for the violations enumerated in § 40-7-113.5,\nC.R.S., subject to hearing before the Commission. When a public utility is cited\nfor an alleged intentional violation, the public utility shall be given notice of the\nalleged violation in the form of a civil penalty assessment notice.\n(c) The public utility cited for an alleged intentional violation may either admit liability\nfor the violation pursuant to § 40-7-116.5(1)(c) or the public utility may contest\nthe alleged violation pursuant to § 40-7-116.5(1)(d), C.R.S. At any hearing\ncontesting an alleged violation, trial staff shall have the burden of demonstrating\na violation by a preponderance of the evidence.\n(d) In any written decision entered by the Commission pursuant to § 40-6-109,\nC.R.S., adjudicating a public utility liable for an intentional violation of a statute in\nArticles 1 to 7 and 15 of Title 40, C.R.S., a Commission rule, or a Commission\norder, the Commission may impose a civil penalty of not more than two thousand\ndollars, pursuant to § 40-7-113.5(1), C.R.S. In imposing any civil penalty\npursuant to § 40-7-113.5(1), C.R.S., the Commission shall consider the factors\nset forth in Rule 1302(b).\n(e) The Commission may assess doubled or tripled civil penalties against any public\nutility, as provided by § 40-7-113.5(3), C.R.S., § 40-7-113.5(4), C.R.S., and this\nrule.\n(f) The Commission may assess any public utility a civil penalty containing doubled\npenalties only if:\n(I) the public utility has admitted liability by paying the civil penalty\nassessment for, or has been adjudicated by the Commission in an\nadministratively final written decision to be liable for, engaging in prior\nconduct that constituted an intentional violation of a statute in Articles 1 to\n7 and 15 of Title 40, C.R.S., a Commission rule, or a Commission order;\n(II) the conduct for which doubled civil penalties are sought violates the same\nstatute, rule, or order as conduct for which the public utility has admitted\nliability by paying the civil penalty assessment, or conduct for which the\npublic utility has been adjudicated by the Commission in an\nadministratively final written decision to be liable; and\n\n(III) the conduct for which doubled civil penalties are sought occurred within\none year after conduct for which the public utility has admitted liability by\npaying the civil penalty assessment, or conduct for which the public utility\nhas been adjudicated by the Commission in an administratively final\nwritten decision to be liable\n(g) The Commission may assess any public utility a civil penalty containing tripled\npenalties only if:\n(I) the public utility has admitted liability by paying the civil penalty\nassessment for, or has been adjudicated by the Commission in an\nadministratively final written decision to be liable for, engaging in prior\nconduct that constituted two or more prior intentional violations of a statute\nin Articles 1 to 7 and 15 of Title 40, C.R.S., a Commission rule, or a\nCommission order;\n(II) the conduct for which tripled civil penalties are sought violates the same\nstatute, rule, or order as conduct for which the public utility has either\nadmitted liability by paying the civil penalty assessment or been\nadjudicated by the Commission in an administratively final written decision\nto be liable, in at least two prior instances; and\n(III) the conduct for which tripled civil penalties are sought occurred within one\nyear after the two most recent prior instances of conduct for which the\npublic utility has either admitted liability by paying the civil penalty\nassessment, or been adjudicated by the Commission in an\nadministratively final written decision to be liable.\n(h) When more than two instances of prior conduct exist, the Commission shall only\nconsider those instances occurring within one year prior to the date of such\nalleged conduct for which tripled civil penalties are sought.\n(i) Nothing in this rule shall preclude the assessment of tripled penalties when\ndoubled and tripled penalties are sought in the same civil penalty assessment\nnotice.\n(j) The Commission shall not issue a decision on doubled or tripled penalties until\nafter the effective date of the administratively final Commission decision upon\nwhich the single civil penalty was based.\n(k) The civil penalty assessment notice shall contain the maximum penalty amount\nprovided by rule for each individual violation noted, with a separate provision for\na reduced penalty of 50 percent of the penalty amount sought if paid within ten\ndays of the public utility’s receipt of the civil penalty assessment notice.\n(l) The civil penalty assessment notice shall contain the maximum amount of the\npenalty surcharge pursuant to § 24-34-108(2), C.R.S., if any.\n\n(m) A penalty surcharge referred to in paragraph (l) of this rule shall be equal to the\npercentage set by the Department of Regulatory Agencies on an annual basis.\nThe surcharge shall not be included in the calculation of the statutory limits set in\n§ 40-7-113.5(5), C.R.S.\n(n) Nothing in these rules shall affect the Commission’s ability to pursue other\nremedies in lieu of issuing civil penalties.","truncated":false,"body_characters":5660}