86-209. Violations; penalties; appeal.

(1) Notwithstanding section 75-156, the commission may, after hearing, impose an administrative penalty for a violation of the Telephone Consumer Slamming Prevention Act. The penalty for a violation shall not exceed two thousand dollars. Every violation associated with a specific access line within the state shall be considered a separate and distinct violation.

(2) The amount of an administrative penalty shall be based on:

(a) The nature, circumstances, extent, and gravity of a prohibited act;

(b) The history of previous violations;

(c) The amount necessary to deter future violations; and

(d) Any efforts to correct the violation.

(3) The commission shall remit any administrative penalty collected under this section to the State Treasurer for distribution in accordance with Article VII, section 5, of the Constitution of Nebraska.

(4) Any administrative penalty may be appealed. The appeal shall be in accordance with section 75-136.

Source:Laws 1999, LB 150, § 9; Laws 2000, LB 1285, § 24; Laws 2001, LB 389, § 8; R.S.Supp.,2001, § 86-1909; Laws 2002, LB 1105, § 71; Laws 2008, LB755, § 7; Laws 2013, LB545, § 12.