(1) EXERCISE ANY OF THE POWERS CONFERRED UNDER THIS ARTICLE
AGAINST A TELEPHONE COMPANY OR A RESELLER; AND

(2) IN THE CASE OF A COMPLAINT FILED AGAINST A TELEPHONE
COMPANY OR A RESELLER ORDER THE TELEPHONE COMPANY OR RESELLER TO
MAKE REPARATIONS TO THE COMPLAINING PARTY IN ACCORDANCE WITH § 8-405 OF
THIS SUBTITLE.

(B) (C) IN ADDITION TO ANY OTHER AVAILABLE PENALTY, THE COMMISSION
MAY ASSESS DIRECTLY AFTER AN OPPORTUNITY FOR HEARING, AN
ADMINISTRATIVE PENALTY ON A TELEPHONE COMPANY OR RESELLER THAT
VIOLATES THE PROVISIONS OF THIS SUBTITLE, OR A REGULATION ADOPTED UNDER
THIS SUBTITLE, OR FEDERAL LAW OR REGULATION ON UNAUTHORIZED CHANGES IN
TELEPHONE SERVICE PROVIDER OR TELEPHONE SERVICE OPTIONS TO A
CUSTOMER'S TELEPHONE COMPANY, RESELLER OR TELECOMMUNICATIONS
SERVICE OPTIONS, OR TO THE PERSON WHO BILLS THE CUSTOMER OR THE
CUSTOMER'S BILLING ARRANGEMENT.

(C) (D) THE ADMINISTRATIVE PENALTY UNDER THIS SECTION MAY NOT
EXCEED $1,000 FOR EACH VIOLATION ASSOCIATED WITH A SPECIFIC ACCESS LINE
WITHIN IN THE STATE.

(D) (E) IN ASSESSING AN ADMINISTRATIVE PENALTY UNDER THIS SECTION,
THE COMMISSION SHALL CONSIDER:

(1) THE NATURE, CIRCUMSTANCES, EXTENT, GRAVITY, AND NUMBER OF
VIOLATIONS;

(2) THE DEGREE OF CULPABILITY OF THE VIOLATOR;

(3) PRIOR OFFENSES AND REPEATED VIOLATIONS; AND

(4) OTHER MATTERS THAT THE COMMISSION CONSIDERS APPROPRIATE
AND RELEVANT.

(E) (F) AN ADMINISTRATIVE PENALTY COLLECTED UNDER THIS SECTION
SHALL BE PAID INTO THE GENERAL FUND OF THE STATE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999.

Approved May 27, 1999.

CHAPTER 544
(House Bill 960)

AN ACT concerning

Telephones - Change Changes in Telecommunications Service Provider

Services Service