Subject 515-16-14 PROCEDURE FOR IMPOSING CIVIL PENALTIES AND RECOMMENDING CRIMINAL PENALTIES
The Georgia Public Service Commission is authorized to
regulate the business of certain motor carriers (normally bus, limousine,
household goods carriers and nonconsensual tow truck operators) and may impose
civil penalties for such carrier's failure to comply with applicable law and/or
Commission rules and regulations.
| (1) |
Carrier. A
person who undertakes the transporting of goods or passengers for
compensation. |
| (2) |
Consent
Agreement. An agreement entered into by the Commission and a carrier or person
resolving allegations that the carrier or person violated applicable law and/or
Commission rules and regulations. |
| (3) |
Contested Case. A proceeding in which the
legal rights, duties, or privileges of a party are required by law to be
determined by an agency after an opportunity for hearing. |
| (4) |
Civil Penalties. Monetary fines the
Commission may assess against a carrier or person for willfully failing to
comply with applicable laws and/or Commission rules and regulations. |
| (5) |
Hearing Officer. The Commission employee
who presides over contested cases. |
| (6) |
Motor Carrier Safety Regulations. Any
safety or hazardous material regulations that have been promulgated and adopted
by the Commission. |
| (7) |
Notice of
Noncompliance. Official notice issued by the Commission setting forth a
carrier's violations of applicable laws and/or Commission rules and
regulations. |
| (8) |
Person. Any
individual, partnership, trust, private or public corporation, municipality,
county, political subdivision, public authority, cooperative, association, or
public or private organization of any character. |
| (9) |
Transportation Statutes. All statutes
regulating motor carriers administered and enforced by the Commission,
including O.C.G.A. Chapters 46-2 and 46-7 and §§ 46-1-1,
44-1-13,
and
46-1-4,
Act 68, Georgia Laws 2005, pages 334 - 450. |
| (1) |
Except to the extent preclude 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. |
| (2) |
As the exception to the foregoing
paragraph (1) of this Rule notes, any person who knowingly violates
49 CFR § 171.2(g) or willfully
violates any provision of the Federal Hazardous Materials Regulations may also
be fined under Title 18 of the United States Code, or imprisoned for not more
than five (5) years, or both. |
| (3) |
Any person who drives a commercial motor vehicle while in violation of the
provisions of O.C.G.A. § 40-5-143
or any employer who knowingly allows, requires, permits, or authorizes a driver
to drive a commercial motor vehicle in violation of the provisions of O.C.G.A.
§ 40-5-145 shall
be guilty of a felony and, upon conviction thereof, shall be punished by a
civil penalty of $2,500 for each offense and by a fine of $5,000 or
imprisonment for not more than 90 days, or both, for each offense. |
| (4) |
The civil penalty assessed against an
employer who knowingly allows, requires, permits, or authorizes a driver to
drive a commercial motor vehicle in violation of any federal state or local law
or regulation pertaining to railroad grade crossings shall not exceed
$10,000. |
| (5) |
Any person who
violates the statutory provisions of O.C.G.A. § 44-1-13
pertaining to nonconsensual towing shall be subject to civil penalties not to
exceed $2,500 for each violation. |
| (6) |
The Commission may impose civil penalties
not to exceed $5,000 for each violation if it is determined that any person,
firm, or corporation is operating as a household goods carrier for hire without
a valid certification or is holding itself out as a carrier without such a
certificate. |
| (1) |
The Commission shall issue, by U.S. Mail
or personal service, a Notice of Noncompliance to a person or carrier upon
determination that the carrier or person has willfully:
| (a) |
Violated any transportation laws
administered by the Commission; |
| (b) |
Violated any rules or regulations administered by the Commission; or |
| (c) |
Failed, neglected or refused to comply
with any order after receiving notice thereof. |
|
| (2) |
The Notice of Noncompliance shall
include:
| (a) |
Time, place, and nature of the
hearing; |
| (b) |
Concise statement of
violations and applicable statutes and regulations; |
| (c) |
Statement of the legal authority and
jurisdiction under which the Notice of Compliance has been issued; |
| (d) |
Case name and number; |
| (e) |
Notice of amount claimed and notice of
the maximum amount authorized pursuant to applicable statutory
provisions; |
| (f) |
Statement as to the
right of the carrier or person to subpoena witnesses and evidence through the
agency; |
| (g) |
Statement regarding the
carrier's or person's right to pay the penalties assessed or, within thirty
(30) days of receipt of the Notice of Noncompliance, request a hearing to
contest the imposition of the penalties. |
| (h) |
Such notice shall be deemed received
three (3) days after mailing. |
|
| (3) |
In the event that the carrier or person
fails to request a hearing within thirty (30) days' receipt of the Notice of
Noncompliance:
| (a) |
Any rights to an appeal
and hearing shall be considered to have been waived; and |
| (b) |
The assessed penalties shall become
effective upon the expiration of the thirty (30) day notice period. |
|
Upon a determination that a violation of the Act may have
occurred, the Commission Staff shall take one or more of the following
actions:
| (a) |
Recommend that warning
letter be issued to the person alleged to have committed the violation (the
"Respondent"); |
| (b) |
Enter settlement
negotiations with the Respondent. Upon reaching agreement on settlement terms,
the Commission Staff shall present the proposed settlement to the Commission
for acceptance or rejection. If the Commission Staff and the Respondent are
unable to reach agreement on settlement terms, the Respondent may present
additional facts to the Advisory Committee; |
| (c) |
Request that the Commission issue a Rule
Nisi pursuant to Commission Rules. |
| (1) |
The Commission may accept or reject a
proposed settlement to resolve probable violations of the Act. If the
Commission rejects a proposed settlement, a hearing may be scheduled to receive
evidence and take appropriate enforcement action as provide by Commission
Rule. |
| (2) |
At any hearing scheduled
regarding assessment of civil penalties under the Chapter 14 of the
Commission's Transportation Rules, the Commission may assign the case to a
hearing officer pursuant to O.C.G.A. § 46-2-58
for the receipt of testimony, documentary, and other tangible evidence, oral
argument and briefs by the parties; and upon closing of the said hearing, the
hearing officer shall render a recommended decision or initial decision within
forty-five (45) days of receipt of final briefs or close of the record, which
ever last occurs. |
| (3) |
If the
Commission finds, after a hearing, that a violation of the Act has occurred, it
may impose a civil penalty as provided by Transportation Rule
515-16-14-.07 or in O.C.G.A.
§§ 46-2-58,
46-2-90,
46-2-91,
46-7-27, 46-7-90, and 46-7-91. |
| (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. |
Any person subject to an order from the Commission may
petition the Commission for reconsideration of the order. Moreover, any person
aggrieved by an order of the Commission may seek relief in Fulton County
Superior Court and otherwise pursuant to O.C.G.A. §§ 46-2-58,
46-7-90, and 46-7-91.
