Vermont § 509 - Amendment and revocation; fines; assurance of discontinuance

§ 509. Amendment and revocation; fines; assurance of discontinuance

• (a) For good cause, after opportunity for hearing, the Commission may amend or revoke
  any certificate of public good awarded pursuant to section 503 or 504 of this title. (b) If the Commission finds that a company has violated any material provision of its
  certificate or this chapter, it shall allow the company a reasonable opportunity to
  cure the violation. Thereafter, in the event of failure to cure, the Commission may
  enter an order revoking the certificate. In addition, the Commission may impose a
  civil penalty in an amount not to exceed $1,000.00 per day nor a total of $20,000.00
  for each violation unless otherwise provided in the certificate of public good, after
  giving due consideration to the size of the company, severity of the violation, and
  efforts to cure. (c) In any case in which the Commission may revoke a certificate, in lieu thereof, the
  Commission may accept an assurance of discontinuance of any method, act, or practice
  from any company. The assurance may include a stipulation for affirmative action by
  such company, payment of the costs of investigation, or of an amount to be held in
  escrow pending the outcome of an action or as restitution to aggrieved consumers,
  or any combination of those options. Any assurance of discontinuance shall be in writing
  and may be sought and negotiated by the Department of Public Service, subject to the
  approval of the Commission. Proof of a violation of an assurance shall be prima facie
  evidence of violation of this chapter, or of the terms and conditions of a certificate
  granted under this chapter. (Added 1987, No. 271 (Adj. Sess.), § 9, eff. June 21, 1988; amended 1999, No. 157 (Adj. Sess.), § 12; 2023, No. 85 (Adj. Sess.), § 387, eff. July 1, 2024.)