Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Enforcement proceedings
Public Service (PBS) CHAPTER 48, ARTICLE 1
§ 26. Enforcement proceedings. Whenever the commission shall be of the
opinion that a public utility company, corporation or person and the
officers, agents or employees thereof is failing or omitting or is about
to fail or omit to do anything required of it by any provision of this
chapter or by order or regulation, adopted under the authority of this
chapter or is doing anything or about to do anything, or permitting
anything or about to permit anything to be done contrary to or in
violation of any provision of this chapter or an order or regulation
adopted pursuant to this chapter, the commission may direct counsel to
the commission to commence an action or special proceeding in the
supreme court in the name of the commission for the purpose of having
such violations or threatened violations stopped and prevented. Counsel
to the commission shall thereupon begin an action or special proceeding
alleging the violation complained of and praying for appropriate relief.
In case of default in answer or after answer, the court shall
immediately inquire into the facts and circumstances in such manner as
the court shall direct. Such other corporations or persons, as it shall
seem to the court necessary or proper to join as parties in order to
make its judgment effective may be joined as parties to the action or
proceeding. The final judgment in any such action or special proceeding
shall either dismiss the action or special proceeding, direct judgment
as prayed for in the complaint or petition, or be in such other form as
the court may determine is just and reasonable.