Administrative Code

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Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
Chapter 325. Rules for Enforcement of § 56-257 of the Code of Virginia
1/22/2020

20VAC5-325-80. Commission Action.

A. The commission may accept or reject a proposed settlement to resolve probable violations. If the commission rejects a proposed settlement but finds a probable violation may have occurred, a public hearing will be scheduled to receive evidence and take appropriate enforcement action as provided by the commission's Rules of Practice and Procedure (5VAC5-20-10 et seq.).

B. If the commission finds, after a hearing, that a violation has occurred or is continuing, it may issue a remedial order or injunction. The remedial order or injunction may direct the party or parties, other than cities, counties, or towns, to take any action, including the payment of a civil penalty as provided by § 12.1-13 of the Code of Virginia. A remedial order issued by the commission under this section shall be effective upon issuance, in accordance with its terms, unless stayed, suspended, modified or rescinded.

C. If, upon investigation, the commission finds reasonable grounds to conclude that a violation has occurred or is continuing, and presents an immediate potential danger to life, health, property or essential public service, the commission may issue a temporary injunction and schedule a hearing and require the probable violator, other than cities, counties, or towns, to show cause why it should not be permanently enjoined on account of the alleged violation or violations.

Statutory Authority

§§ 12.1-13 and 56-265.15 of the Code of Virginia.

Historical Notes

Derived from Volume 17, Issue 23, eff. July 1, 2001.

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