HARRY HUGHES, Governor

2945

(C) IF ANY AUTHORIZED REPRESENTATIVE OF THE
COMMISSIONER CONCLUDES THAT CONDITIONS OR PRACTICES
DESCRIBED IN SUBSECTION (A) EXIST IN THE OPERATION OF ANY
RAILROAD, HE SHALL INFORM THE AFFECTED RAILROAD COMPANY AND
PERSONNEL OF THE DANGER AND MAY RECOMMEND TO THE
COMMISSIONER THAT RELIEF BE SOUGHT UNDER THIS SECTION.

94.

UPON REQUEST OF THE COMMISSIONER, THE ATTORNEY GENERAL
MAY PROCEED IN COURT OF THIS OR ANY OTHER STATE OR IN ANY
FEDERAL COURT OR AGENCY TO ENFORCE ANY ORDER, DECISION, OR
THE COLLECTION OF ANY CIVIL PENALTY ASSESSED BY THE
COMMISSIONER UNDER THIS SUBTITLE.

95.

(A)  ANY RAILROAD COMPANY THAT WILLFULLY OR REPEATEDLY
VIOLATES ANY PROVISIONS COMMITS A SERIOUS VIOLATION OF ANY
PROVISION OF THIS SUBTITLE OR ANY RULE, REGULATION,
STANDARD, OR ORDER PROMULGATED PURSUANT TO THIS SUBTITLE MAY
BE FINED NOT MORE THAN $10,000 FOR EACH VIOLATION.

(B)  ANY RAILROAD COMPANY THAT HAS RECEIVED A CITATION
FOR A SERIOUS VIOLATION OF ANY PROVISION OF THIS SUBTITLE,
OR OF ANY RULE, REGULATION, STANDARD, OR ORDER PROMULGATED
PURSUANT TO THIS SUBTITLE, MAY BE FINED NOT MORE THAN $5,000
1,000 FOR EACH VIOLATION.

FOR THE PURPOSES OF THIS SUBSECTION, A SERIOUS
VIOLATION EXISTS IF THERE IS A SUBSTANTIAL PROBABILITY THAT
DEATH OR SERIOUS PHYSICAL HARM COULD RESULT FROM A CONDITION
OR FROM ONE OR MORE PRACTICES, MEANS, METHODS, OR OPERATIONS
WHICH ARE IN USE BY THE RAILROAD COMPANY UNLESS THE RAILROAD
COMPANY DID NOT AND COULD NOT, WITH THE EXERCISE OF
REASONABLE DILIGENCE, KNOW OF THE PRESENCE OF THE VIOLATION.

(C)  ANY RAILROAD COMPANY THAT HAS RECEIVED A CITATION
FOR A VIOLATION OF ANY PROVISION OF THIS SUBTITLE OR ANY
RULE, REGULATION, STANDARD, OR ORDER PROMULGATED PURSUANT TO
THIS SUBTITLE, AND THE VIOLATION IS SPECIFICALLY DETERMINED
NOT TO BE OF A SERIOUS NATURE, MAY BE FINED NOT MORE THAN
$1,000 500 FOR EACH VIOLATION.

(D)  ANY RAILROAD COMPANY THAT DOES NOT CORRECT A
VIOLATION FOR WHICH A CITATION HAS BEEN ISSUED WITHIN THE
PERIOD PERMITTED FOR ITS CORRECTION AS PROVIDED IN SECTION
90 OF THIS SUBTITLE, MAY BE FINED NOT MORE THAN $1,000 100
FOR EACH DAY DURING WHICH THE VIOLATION CONTINUES.

(E)  ANY RAILROAD COMPANY THAT VIOLATES ANY OF THE
POSTING REQUIREMENTS, AS PRESCRIBED UNDER THE PROVISIONS OF
THIS SUBTITLE, MAY BE FINED NOT MORE THAN $699 100 FOR EACH
VIOLATION.

(F)  IN ASSESSING PENALTIES UNDER THIS SUBTITLE THE
COMMISSIONER SHALL GIVE DUE CONSIDERATION TO THE