20VAC5-428-110: Enforcement and sanctions

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.