40-20-308. Violations - penalties - rules

40-20-308. Violations - penalties - rules. (1) If a railroad or any officer, agent, or employee of the railroad violates section 40-20-303, the public utilities commission may impose a fine of not less than ten thousand dollars but not more than twenty-five thousand dollars on the railroad. Each day of a continuing violation constitutes a separate violation.

(2) Notwithstanding subsection (1) of this section, the public utilities commission may impose a fine of up to one hundred thousand dollars per violation if the commission finds:

(a) The railroad intentionally or knowingly violated section 40-20-303; or

(b) The railroad's violation was part of a pattern and practice of repeated violations of section 40-20-303.

(3) The public utilities commission shall transfer all fines collected pursuant to subsections (1) and (2) of this section to the state treasurer, who shall credit the fines to the fund.

(4) The public utilities commission shall promulgate rules for the determination, imposition, and appeal of fines under this section.