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Administrative Remedies

For the most part, administrative remedies are appropriate (and possible) only where the individual or company suspected of being in violation has CPUC operating authority, or has applied for it. In certain cases, the Enforcement Branch has delegated authority from the Commission to issue citations, carrying fines of up to $20,000, which the carrier may choose to either pay, or deny and request a hearing before an Administrative Law Judge [ALJ]. In other cases, the Consumer Services Division may ask the Commission to open a formal investigation ["Order Instituting Investigation" or "OII"] or may protest the application. Unless the Consumer Services Division and the respondent reach a settlement which is subsequently adopted by the Commission, an OII will result in an evidentiary hearing before an ALJ, and, ultimately, a Commission Decision which may contain sanctions. Sanctions may include fines, orders to pay restitution to consumers, modifications or limitations on operating authority, or denial, suspension or revocation of operating authority.

  

Last Modified: 10/23/2007


 
 
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