20 Va. Admin. Code § 5-428-110 - Enforcement and sanctions

Current through Register Vol. 38, No. 3, September 27, 2021

A. For purposes of enforcing all of the provisions of this chapter, including 20VAC5-428-90 B 1 but excluding the remainder of 20VAC5-428-90, the commission may, upon motion, and after opportunity for written response from the LEC and an opportunity for hearing, in accordance with 5VAC5-20-90 levy one or more of the penalties and sanctions authorized by §§ 12.1-13, 12.1-33, and 56-483 of the Code of Virginia for violations of provisions of this chapter.
B. For purposes of enforcing 20VAC5-428-90, other than 20VAC5-428-90 B 1, the commission may, upon motion, and after opportunity for written response from the LEC in accordance with 5VAC5-20-90, issue such order or orders as it deems necessary to notify a LEC of the LEC's obligation and need to satisfy the provisions of this chapter. If a LEC fails to comply with the directives of such order, the commission may, following notice and an opportunity for hearing in accordance with 5VAC5-20-90, levy one or more of the penalties and sanctions authorized by §§ 12.1-13, 12.1-33, and 56-483 of the Code of Virginia for violations of such order. For purposes of enforcement under this section, the commission may, if it deems necessary, further prospectively order a LEC to meet a 20VAC5-428-90 standard each day, based on a rolling 30-day average, notwithstanding that the standard is based on a calendar month under 20VAC5-428-90 and each day that the LEC does not meet such standard may constitute a separate violation of this chapter.

Notes

20 Va. Admin. Code § 5-428-110
Derived from Virginia Register Volume 26, Issue 3, eff. November 1, 2009.

Statutory Authority

§§ 12.1-13, 56-35, 56-36, 56-234, 56-234.4, 56-246, and 56-479 of the Code of Virginia of the Code of Virginia.

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