Compilation of Rules and Regulations of the State of Georgia › Department 515 - RULES OF GEORGIA PUBLIC SERVICE COMMISSION › Chapter 515-16 - TRANSPORTATION › Subject 515-16-3 - GENERAL TRANSPORTATION RULES › Rule 515-16-3-.07 - Civil Penalties - General. (See also Chapter 515-16-14 for Civil Penalty Procedures)

Current through Rules and Regulations filed through June 27, 2024
(1) Any person, firm or corporation
				(hereinafter referred to as "utility"), subject to the jurisdiction of the
				Georgia Public Service Commission, who shall willfully violate any law
				administered by the Commission, or any duly promulgated rule or regulation
				issued thereunder or who fails, neglects or refuses to comply with any order,
				after notice thereof, shall be liable to a penalty not to exceed $15,000.00 for
				said violation and an additional penalty not to exceed $10,000.00 for each day
				during which such violation continues.
(2) The Commission, after hearing as provided
				for in Chapter 515-16-14 of the Commission's Transportation Rules, upon not
				less than 30 days notice, shall determine whether any carrier has willfully
				violated any law administered by the Commission, or any duly promulgated
				regulation issued thereunder, or has failed, neglected or refused to comply
				with any order of the Commission, and upon appropriate finding thereof may
				impose such civil penalties as herein provided by order for such violations. In
				each such proceeding, the Commission shall maintain a record including all
				pleadings, a transcript of proceedings, a statement of each matter of which the
				Commission takes official notice, and all staff memoranda or data submitted to
				the Commission in connection with their consideration of the case. All
				penalties and interest thereon (at the rate of 10 percent per annum) recovered
				by the Commission shall be paid into the general fund of the State
				treasury.
(3) Any party aggrieved
				by a decision of the Commission may seek judicial review as provided in (4)
				below.
(4) Any party who has
				exhausted all administrative remedies available before the Georgia Public
				Service Commission and who is aggrieved by a final decision of the Commission
				in a proceeding described in subsection (2) of this section may seek judicial
				review of the final order of the Commission in the Superior Court of Fulton
				County.
(a) Proceedings for review shall be
				instituted by filing a petition within 30 days after the service of the final
				decision of the Commission or, if a rehearing is requested, within 30 days
				after the decision thereon. A motion for rehearing or reconsideration after a
				final decision by the Commission shall not be a prerequisite to the filing of a
				petition for review. Copies of the petition shall be served upon the Commission
				and all parties of record before the Commission.
(b) The petition shall state the nature of
				the petitioner's interest, the facts showing that petitioner is aggrieved by
				the decision and the ground, as specified in subsection (4)(f) of this section,
				upon which the petitioner contends that the decision should be reversed. The
				petition may be amended by leave of court.
(c) Within 30 days after service of the
				petition, or within such further time as is stipulated by the parties or as is
				allowed by the court, the agency shall transmit to the reviewing court the
				original or a certified copy of the entire record of the proceedings under
				review. By stipulation of all parties to the review proceedings, the record may
				be shortened. A party unreasonably refusing to stipulate that the record be
				limited may be taxed for the additional costs. The court may require or permit
				subsequent corrections or additions to the record.
(d) If, before the date set for hearing,
				application is made to the court for leave to present additional evidence, and
				it is shown to the satisfaction of the court that the additional evidence is
				material and there were good reasons for failure to present it in the
				proceedings before the agency, the court may order that the additional evidence
				be taken before the Commission upon such procedure as is determined by the
				court. The Commission may modify its findings and decision by reason of the
				additional evidence and shall file that evidence and any modifications, new
				findings, or decisions with the reviewing court.
(e) The review shall be conducted by the
				court without a jury and shall be confined to the record. The court shall not
				substitute its judgment for that of the Commission as to the weight of the
				evidence on questions of fact. The court may affirm the decision of the
				Commission or remand the case for further proceedings. The court may reverse
				the decision of the Commission if substantial rights of the petitioner have
				been prejudiced because the Commission's findings, inferences, conclusions, or
				decisions are:
1. In violation of
				constitutional or statutory provisions;
2. In excess of the statutory authority of
				the Commission;
3. Made upon
				unlawful procedure;
4. Clearly not
				supported by any reliable, probative, and substantial evidence on the record as
				a whole; or
5. Arbitrary or
				capricious.
(f) A party
				aggrieved by an order of the court in a proceeding authorized under subsection
				(4) of this rule may appeal to the Supreme Court of Georgia or to the Court of
				Appeals of Georgia in accordance with Article 2 of Chapter 6 of Title 5 of
				O.C.G.A., the "Appellate Practice Act."