TITLE XXXIV
PUBLIC UTILITIES

CHAPTER 365
COMPLAINTS TO, AND PROCEEDINGS BEFORE, THE COMMISSION

Complaints and Investigations

Section 365:1

    365:1 Complaint Against Public Utilities. – Any person may make complaint to the commission by petition setting forth in writing any thing or act claimed to have been done or to have been omitted by any public utility in violation of any provision of law, or of the terms and conditions of its franchises or charter, or of any order of the commission.

Source. 1911, 164:10. 1913, 145:9. PL 238:1, 8. RL 287:1, 8. 1951, 203:11 par. 1, eff. Sept. 1, 1951.

Section 365:2

    365:2 Order. – Thereupon the commission shall cause a copy of said complaint to be forwarded to the public utility complained of, which may be accompanied by an order, requiring that the matters complained of be satisfied, or that the charges be answered in writing within a time to be specified by the commission.

Source. 1911, 164:10. PL 238:2. RL 287:2. 1951, 203:11 par. 2, eff. Sept. 1, 1951.

Section 365:3

    365:3 Reparation. – If the public utility complained of shall make reparation for any injury alleged and shall cease to commit or to permit the violation of law, franchise, or order charged in the complaint, and shall notify the commission of that fact before the time allowed for answer, the commission shall not be required to take any further action upon the charges.

Source. 1911, 164:10. PL 238:3. RL 287:3. 1951, 203:11 par. 3, eff. Sept. 1, 1951.

Section 365:4

    365:4 Investigation. – If the charges are not satisfied as provided in RSA 365:3, and it shall appear to the commission that there are reasonable grounds therefor, it shall investigate the same in such manner and by such means as it shall deem proper, and, after notice and hearing, take such action within its powers as the facts justify.

Source. 1911, 164:10. PL 238:4. RL 287:4. 1951, 203:11 par. 4, eff. Sept. 1, 1951.

Section 365:5

    365:5 Independent Inquiry. – The commission, on its own motion or upon petition of a public utility, may investigate or make inquiry in a manner to be determined by it as to any rate charged or proposed or as to any act or thing having been done, or having been omitted or proposed by any public utility; and the commission shall make such inquiry in regard to any rate charged or proposed or to any act or thing having been done or having been omitted or proposed by any such utility in violation of any provision of law or order of the commission.

Source. 1911, 164:10. 1913, 145:9. PL 238:6. RL 287:6. 1951, 203:11 par. 5, eff. Sept. 1, 1951.

Section 365:6

    365:6 Inspection. – The commission may at any time personally, or by its experts or agents, inspect the property, works, system, plant, devices, appliances and methods used by any public utility, or its books, papers and records.

Source. 1911, 164:10. 1913, 145:9. PL 238:7. RL 287:7. 1951, 203:11 par. 6, eff. Sept. 1, 1951.

Section 365:7

    365:7 Authority to Inspect. – Any expert or agent of the commission, who shall make a demand on behalf of the commission to be allowed to inspect as provided in RSA 365:6, shall produce written authority to make such inspection signed by the secretary or assistant secretary or some member of the commission.

Source. 1913, 145:9. PL 238:8. RL 287:8. 1951, 203:11 par. 7, eff. Sept. 1, 1951.

Proceedings Before the Commission

Section 365:8

    365:8 Rulemaking Authority. – The commission shall adopt rules, pursuant to RSA 541-A, relative to:
    I. The conduct of its hearings, including alternative processes in hearings and other forms of alternative dispute resolution.
    II. Standards and procedures for streamlined review or other alternative processes to enhance the efficiency of the commission and respond to the needs of the utility's ratepayers and shareholders.
    III. Standards and procedures for the creation, monitoring and evaluation of alternative forms of regulation.
    IV. Standards and procedures for the handling of confidential information, in accordance with RSA 91-A.
    V. Standards and procedures for filing requirements for tariffs, engineering, accounting, and other commission matters.
    VI. Standards and procedures for franchise terms and conditions, including extended area telephone service.
    VII. Standards and procedures for safe and reliable utility service and termination of service subject to RSA 363-B.
    VIII. Standards and procedures for matters related to the proper administration of RSA 366 relative to utility relations with affiliates.
    IX. Standards and procedures relative to a reasonable amount of the short-term notes, bonds or other evidences of indebtedness based upon the amount of the utility's respective plant investment which each utility shall not exceed without first obtaining the approval of the commission pursuant to RSA 369:7.
    X. Standards and procedures for determination and recovery of rate case expenses.
    XI. Standards and procedures for the conduct of investigations authorized under this title.
    XII. Procedures necessary to provide for the proper administration of and to further the purposes of this title.
    XIII. Standards and procedures by which those electricity suppliers and utilities that choose to offer renewable energy options will provide information to customers who take such service of the fuel source or sources and emissions associated with the electrical service that they take and to inform such customers of the resource mix and emissions associated with the electricity generated and sold in the New England region as a whole.

Source. 1911, 164:2. PL 238:9. RL 287:9. 1951, 203:11 par. 8. RSA 365:8. 1981, 220:4. 1994, 193:1. 2005, 102:1, eff. June 15, 2005.

Section 365:8-a

    365:8-a Suppliers of Natural Gas and Aggregators of Natural Gas Customers; Rulemaking. – The commission is authorized to adopt rules, pursuant to RSA 541-A, establishing requirements for suppliers of natural gas and the aggregators of natural gas customers, including registration of such suppliers and aggregators before soliciting or doing business in the state, registration fees, disclosure of information to customers, standards of conduct, submission to commission jurisdiction for mediation and resolution of disputes, imposition of penalties for failure to comply with commission requirements, and consumer protection and assistance requirements. This section shall not in any way affect the utility or non-utility status of any supplier of natural gas or aggregator of natural gas customers, nor shall it be construed to limit the commission's existing authority with regard to the regulation of gas utilities or the scope of the commission's authority in considering whether to expand the availability of competitive natural gas supplies through the distribution system of gas utilities.

Source. 2000, 276:2, eff. June 16, 2000.

Section 365:9

    365:9 Evidence. – In any such investigation or hearing, the commission shall not be bound by the technical rules of evidence.

Source. 1911, 164:2. PL 238:10. RL 287:10. 1951, 203:11 par. 9, eff. Sept. 1, 1951.

Section 365:10

    365:10 Summons; Oath. – The commission shall have power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel, by subpoena duces tecum, the production of any accounts, books, contracts, records, documents, memoranda and papers of any kind whatever.

Source. 1911, 164:2. 1913, 145:5. PL 238:11. RL 287:11. 1951, 203:11 par. 10, eff. Sept. 1, 1951.

Section 365:10-a

    365:10-a Appearance. – Notwithstanding any other provision of law to the contrary, the commission may in its discretion determine who, in addition to those lawyers licensed in the state of New Hampshire to do so, may appear before the commission on behalf of any party, provided, however, that the discretion shall not be exercised unreasonably or in a discriminatory manner. All parties will be required to adhere to the commission's rules of practice and procedure in addition to any orders of the commission or agreements between the parties, including but not limited to those concerning confidentiality.

Source. 1993, 330:1, eff. Aug. 28, 1993.

Section 365:11

    365:11 Witnesses. – Witnesses summoned before the commission shall be paid the same fees as witnesses summoned to appear before the superior court, and such summons issued by any justice of the peace shall have the same effect as though issued for appearance before such court.

Source. 1911, 164:2. 1913, 145:5. PL 238:12. RL 287:12. 1951, 203:11 par. 11, eff. Sept. 1, 1951.

Section 365:12

    365:12 Contumacy. – Any person who wilfully shall fail or refuse to attend to testify or to answer any lawful inquiry or to produce books, papers, correspondence, memoranda, contracts, agreements, or other records, if in his or its power so to do, in obedience to the subpoena of the commission, shall be subject to the provisions of RSA 491:19 and 491:20.

Source. 1951, 203:11 par. 12, eff. Sept. 1, 1951.

Section 365:13

    365:13 Fees. – When any such summons shall be endorsed by the secretary, or assistant secretary, or by a commissioner, as follows, ""Legal fees of witnesses guaranteed by the State,'' advance payment of fees shall not be required, but any witness served with such summons shall appear as directed therein as a witness for the state, and his legal fees therefor shall be paid out of any appropriation for the use of the commission available for the purpose.

Source. 1913, 145:5. PL 238:13. RL 287:13. 1951, 203:11 par. 13, eff. Sept. 1, 1951.

Section 365:14

    365:14 Production of Sworn Copies. – In lieu of requiring production of originals by subpoena duces tecum, the commission may require sworn copies of any such books, records, contracts, documents and papers or parts thereof be filed with it.

Source. 1911, 164:2. 1913, 145:5. PL 238:14. RL 287:14. 1951, 203:11 par. 14, eff. Sept. 1, 1951.

Section 365:15

    365:15 Specific Answers. – The commission may also require any public utility to make specific answers to questions upon which the commission may need information.

Source. 1911, 164:2. 1913, 145:5. PL 238:15. RL 287:15. 1951, 203:11 par. 15, eff. Sept. 1, 1951.

Section 365:16

    365:16 Testimonial Privilege. – No person shall be excused from testifying or from producing any book or paper in any investigation or inquiry by or upon any hearing before the commission, when ordered to do so by the commission, upon the ground that the testimony or evidence, book or document required of him may tend to incriminate him or subject him to a penalty or forfeiture; but no person shall be prosecuted, punished or subjected to any penalty or forfeiture for or on account of any act, transaction, matter or thing concerning which under oath, after claiming his privilege, he shall by order of the commission have testified or produced documentary evidence.

Source. 1911, 164:2. 1913, 145:5. PL 238:16. RL 287:16. 1951, 203:11 par. 16, eff. Sept. 1, 1951.

Section 365:17

    365:17 Perjury. – No person so testifying shall be exempt from prosecution or punishment for any perjury committed by him in his testimony.

Source. 1911, 164:2. 1913, 145:5. PL 238:17. RL 287:17. 1951, 203:11 par. 17, eff. Sept. 1, 1951.

Section 365:18

    365:18 Corporate Immunity. – Nothing herein contained shall give to any corporation immunity of any kind.

Source. 1911, 164:2. 1913, 145:5. PL 238:18. RL 287:18. 1951, 203:11 par. 18, eff. Sept. 1, 1951.

Section 365:19

    365:19 Independent Investigation. – In any case in which the commission may hold a hearing it may, before or after such hearing, make such independent investigation as in its judgment the public good may require; provided, that, whenever such investigation shall disclose any facts which the commission shall intend to consider in making any decision or order, such facts shall be stated and made a part of the record, and any party whose rights may be affected shall be afforded a reasonable opportunity to be heard with reference thereto or in denial thereof.

Source. 1913, 145:6. PL 238:19. RL 287:19. 1951, 203:11 par. 19, eff. Sept. 1, 1951.

Section 365:20

    365:20 Questions of Law. – The commission may at any time reserve, certify and transfer to the supreme court for decision any question of law arising during the hearing of any matter before the commission.

Source. 1917, 205:1. PL 238:20. RL 287:20. 1951, 203:11 par. 20, eff. Sept. 1, 1951.

Section 365:21

    365:21 Rehearings and Appeals. – The procedure for rehearings and appeals shall be that prescribed by RSA 541, except as herein otherwise provided.

Source. 1951, 203:11 par. 21, eff. Sept. 1, 1951.

Section 365:22

    365:22 Railroads Which Are Common Carriers. – Whenever the commissioner shall be of the opinion, after a hearing had upon his own motion or upon complaint, that any part of any railroad operating as a common carrier of passengers or freight within the state reasonably requires alteration or reconstruction, or that the regulations, practices, equipment, appliances or service of any such railroad in respect to transportation of persons or property within the state are unjust, unreasonable, unsafe, improper or inadequate, the commissioner of the department of transportation shall determine the reconstruction or alteration reasonably required, or the just, reasonable, safe, adequate and proper regulations, practices, equipment, appliances and service thereafter to be in force or to be provided, and shall fix and prescribe the same by order to be served upon every such railroad to be bound thereby.

Source. 1911, 164:11. 1913, 145:10. PL 238:21. RL 287:21. 1951, 203:11 par. 22. RSA 365:22. 1985, 402:6, I(e)(3). 1992, 150:7, eff. July 5, 1992.

Section 365:23

    365:23 Effect of Orders. – Thereafter it shall be the duty of every such public utility to observe and obey every requirement of such order so served upon it, and to do everything necessary or proper in order to secure compliance with and observance of the same by all the officers, agents and employees.

Source. 1911, 164:11. 1913, 145:11. PL 238:22. RL 287:22. 1951, 203:11 par. 23, eff. Sept. 1, 1951.

Section 365:24

    365:24 Railroads, Service. – [Repealed 1989, 36:2, eff. June 11, 1989.]

Section 365:24-a

    365:24-a Preservation of Rail Lines. – [Repealed by 2001, 237:7, eff. July 1, 2001.]

Section 365:25

    365:25 Duration of Established Rates. – The rates, fares and charges fixed and allowed by the commission to be charged and collected by any public utility shall remain in effect until altered by a subsequent order of the commission or until a new schedule of rates, fares and charges shall have been filed or published by the utility in accordance with RSA 378:3.

Source. 1911, 164:11. PL 238:23. RL 287:24. 1951, 203:11 par. 25, eff. Sept. 1, 1951.

Section 365:26

    365:26 Effective Period of Other Orders. – Except as otherwise herein provided, every order of the commission requiring any public utility to do or not to do anything shall take effect at the time therein specified, and shall continue in effect for such period as shall be therein designated, and if no period shall be designated, until the same shall be altered, amended, suspended, annulled, set aside or otherwise modified by the commission or the court.

Source. 1915, 99:4. PL 238:24. RL 287:25. 1951, 203:11 par. 26, eff. Sept. 1, 1951.

Section 365:27

    365:27 Notice. – Orders of the commission granting authority or permission to do any act or thing need not be served; but the exercise in any part of the authority or permission granted in any such order shall charge the party so exercising such authority or permission with full knowledge of said order; and such party shall comply with all requirements thereof, and fully conform thereto.

Source. 1915, 99:4. PL 238:25. RL 287:26. 1951, 203:11 par. 27, eff. Sept. 1, 1951.

Section 365:28

    365:28 Altering Orders. – At any time after the making and entry thereof, the commission may, after notice and hearing, alter, amend, suspend, annul, set aside, or otherwise modify any order made by it. This hearing shall not be required when any prior order made by the commission was made under a provision of law that did not require a hearing and a hearing was, in fact, not held.

Source. 1915, 99:4. PL 238:26. RL 287:27. 1951, 203:11 par. 28. 2001, 237:5, eff. July 1, 2001.

Section 365:29

    365:29 Orders for Reparation. – On its own initiative or whenever a petition or complaint has been filed with the commission covering any rate, fare, charge, or price demanded and collected by any public utility, and the commission has found, after hearing and investigation, that an illegal or unjustly discriminatory rate, fare, charge, or price has been collected for any service, the commission may order the public utility which has collected the same to make due reparation to the person who has paid the same, with interest from the date of the payment. Such order for reparation shall cover only payments made within 2 years before the earlier of the date of the commission's notice of hearing or the filing of the petition for reparation.

Source. 1917, 76:3. PL 238:27. RL 287:28. 1951, 203:11 par. 29. 2008, 309:1, eff. Aug. 31, 2008.

Section 365:30

    365:30 Waiver of Hearing. – Such order may be made without formal hearing whenever the public utility affected shall assent in writing thereto, or file or join in a petition therefor.

Source. 1917, 76:3. PL 238:28. RL 287:29. 1951, 203:11 par. 30, eff. Sept. 1, 1951.

Service of Orders

Section 365:31

    365:31 Upon Agent. – Every order required to be served shall, where the public utility affected has an agent in the city of Concord, appointed as provided herein, be served upon said agent by giving a certified copy thereof to him in hand, or by leaving a like copy at his office or residence.

Source. 1915, 99:4. PL 238:29. RL 287:30. 1951, 203:11 par. 31, eff. Sept. 1, 1951.

Section 365:32

    365:32 If No Agent. – If no agent has been so appointed, service may be made by giving a like copy to any person upon whom service could be made in an action at law against such public utility, or by sending the same by mail, postage prepaid, addressed to such public utility at any usual post office address of the same.

Source. 1915, 99:4. PL 238:30. RL 287:31. 1951, 203:11 par. 32, eff. Sept. 1, 1951.

Section 365:33

    365:33 Appointment of Agent. – Any public utility may, by writing filed with the commission, appoint an agent who shall reside and have an office in the city of Concord, upon whom service for and on its behalf may be made by the commission. Such appointment may at any time be revoked or a new appointment made by like writing similarly filed.

Source. 1915, 99:4. PL 238:31. RL 287:32. 1951, 203:11 par. 33, eff. Sept. 1, 1951.

Reparations, Fees and Costs

Section 365:34

    365:34 Failure to Pay. – Any public utility ordered to make reparation hereunder shall conform to said order and make payment as required therein. Upon failure to make such payment upon demand, the amount ordered paid may be recovered with interest in an action of debt brought by the person to whom payment was ordered; except that, in the case of costs ordered paid to the commission, suit shall be brought in the name of the state. Like action may also be brought to recover fees due the commission.

Source. 1911, 164:18. 1913, 145:18. PL 238:32. RL 287:33. 1951, 203:11 par. 34, eff. Sept. 1, 1951.

Section 365:35

    365:35 Costs. – In any action brought to recover costs, fees or reparation ordered the plaintiff shall be entitled to tax as costs all of his necessary expenses in the action, including reasonable attorney's fees.

Source. 1913, 145:18. PL 238:33. RL 287:34. 1951, 203:11 par. 35, eff. Sept. 1, 1951.

Section 365:36

    365:36 Fees for Copies. – The commission may fix and collect reasonable fees for copies of its records, certified or otherwise, for copies of testimony taken before the commission and for its publications.

Source. 1915, 99:3. PL 238:34. RL 287:35. 1951, 203:11 par. 36, eff. Sept. 1, 1951.

Section 365:37

    365:37 Expense of Investigations. –
    I. Whenever any investigation shall be necessary to enable the commission to pass upon any petition for authority to issue stocks, bonds, notes, or other evidence of indebtedness, for authority to operate as a public utility or to expand operations as a public utility, to make extensions into new territory, to discontinue service, to condemn property for flowage rights and dam construction, or for authority to sell, consolidate, merge, transfer, or lease the plant, works, or system of any public utility, or any part of the same, or for any other matter which requires the commission's approval, the petitioner shall pay to the commission the expense involved in the investigation of the matters covered by said petition, including the amounts expended for experts, accountants, or other assistants. Such expense shall not include any part of the salaries or expenses of the commissioners or of employees of the commission or, unless the proceeding is being conducted pursuant to RSA 38, the fees of experts testifying as to values in condemnation proceedings.
    II. Whenever the commission institutes a proceeding, or when more than one utility subject to the jurisdiction of the commission shall be involved in a proceeding in which the commission requires the assistance of experts, accountants or other assistants, regardless of whether they petitioned the commission in the first instance, the commission may assess the costs of experts, accountants or other assistants hired by the commission against the utilities and any other parties to the proceeding. The commission shall not, however, assess any such costs against the office of the consumer advocate or against any voluntary corporation, not-for-profit organization, or any municipality unless the municipality is involved in a proceeding before the commission pursuant to RSA 38. In the case of a utility, the assessment of those costs shall be based on the annual revenues of the participating utilities in the same manner as issued in assessing the annual operating expenses of the commission, or as appropriate and equitable on a case by case basis. In the case of a party who is not a utility, the assessment of those costs shall be as appropriate and equitable on a case by case basis. Such expenses shall not include any part of the salaries or expenses of the commissioners or of employees of the commission or, unless the proceeding is being conducted pursuant to RSA 38, the fees of experts testifying as to values in condemnation proceedings.

Source. 1921, 138:1. PL 238:35. 1929, 99:1. RL 287:36. 1951, 203:11 par. 37. RSA 365:37. 1959, 242:3. 1993, 330:2, eff. Aug. 28, 1993.

Section 365:38

    365:38 Rate Proceeding. – Whenever any investigation shall be necessary to enable the commission to pass upon the reasonableness of the rates or charges by a public utility, the utility, upon order of the commission, shall pay to the commission its expenses involved in the investigation, including the amounts expended by it for attorneys, experts, accountants, or other assistants, but not including any part of the salaries or expenses of the commissioners or of employees of the commission; provided, that the amount charged to the utility by the commission in any such case shall not exceed 3/4 of one percent of the existing valuation of the utility investigated, such expenses with 6 percent interest to be charged by the utility to operating expenses and amortized over such period as the commission shall deem proper and allowed for in the rates to be charged by the utility.

Source. 1921, 138:1. PL 238:36. 1931, 127:1. RL 287:37. 1951, 203:11 par. 38. RSA 365:38. 1959, 242:4, eff. Oct. 20, 1959.

Section 365:38-a

    365:38-a Proceeding Costs. – The commission may allow recovery of costs associated with utility proceedings before the commission, provided that recovery of costs for utilities and other parties shall be just and reasonable and in the public interest. For purposes of this section, other parties shall be defined as retail customers that are subject to the rates of the utility and who demonstrate financial hardship; other parties shall not include New Hampshire municipalities. Recovery by other parties shall be deemed to be in the public interest when, in any commission proceeding, the other party substantially contributes to the adoption by the commission, in whole or in part, of a position advocated by the other party in that proceeding, or in a judicial review of that proceeding. Another party shall not recover more than $10,000 from any utility for any single proceeding. The commission may allow recovery of less than $10,000 depending upon the scope of the proceeding. The utility shall pay the other party an award of costs if such award is granted by the commission in accordance with the procedures and requirements of the commission and the award is subsequently approved by the governor and council. The utility shall not be liable for any award of costs except in accordance with the procedures and requirements of the commission. If the commission proceeding involves more than one utility, the liability of each utility for the award shall be determined by dividing the amount of the award among the utilities in a manner approved by the commission. If an award of costs is granted in a proceeding involving a change in a utility's rates, the entire amount of the award shall be recovered by the utility in that proceeding. If an award of costs is granted in a proceeding other than one involving a change in a utility's rates, the entire amount of the award shall be immediately recovered by the utility through measures approved on a timely basis by the commission.

Source. 1999, 131:2, eff. Jan. 1, 2000.

Section 365:39

    365:39 Disposal of Fees. – All sums collected in fees by the commission or paid to it as costs shall be paid to the state treasurer at least once each month, with an itemized statement of the same.

Source. 1913, 145:21. PL 238:37. RL 287:38. 1951, 203:11 par. 39, eff. Sept. 1, 1951.

Penalties, Etc.

Section 365:40

    365:40 Compliance Required. – Every public utility and all officers and agents of the same shall obey, observe, and comply with every order made by the commission under authority of this title so long as the same shall be and remain in force.

Source. 1911, 164:18. 1913, 145:18. PL 238:38. RL 287:39. 1951, 203:11 par. 40, eff. Sept. 1, 1951.

Section 365:41

    365:41 Penalty Against Utility. – Any public utility which shall violate any provisions of this title, or fails, omits or neglects to obey, observe or comply with any order, direction or requirement of the commission, shall be subject to a civil penalty, as determined by the commission, not to exceed $250,000 or 2.5 percent of the annual gross revenue that the utility received from sales in the state, whichever is lower. Such penalties shall be applied to the benefit of the utility's ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers. No portion of any fine, nor any costs associated with an administrative or court proceeding which results in a fine pursuant to this section, shall be considered by the commission in fixing any temporary, permanent, or emergency rates or charges of such utility.

Source. 1911, 164:18. 1913, 145:18. PL 238:39. RL 287:40. 1951, 203:11 par. 41. RSA 365:41. 1973, 528:257; 529:87. 1988, 255:1. 2007, 25:3. 2008, 309:2, eff. Aug. 31, 2008.

Section 365:42

    365:42 Penalty Against Agent. – Every officer and agent of any such public utility who shall wilfully violate, or who procures, aids, or abets any violation of this title, or who wilfully fails to obey, observe, and comply with any order of the commission, or procures, aids or abets any such public utility in its failure to obey, observe, and comply with any such order or provision, shall be subject to a civil penalty, as determined by the commission, not to exceed $100,000 for each violation. Such penalties shall be distributed to the benefit of the utility's ratepayers through a credit to bills, or, if the credit is of an amount determined by the commission to be insignificant on a per customer basis, to programs that benefit low income ratepayers.

Source. 1911, 164:18. PL 238:40. RL 287:41. 1951, 203:11 par. 42. RSA 365:42. 1973, 528:258. 1988, 255:2. 2007, 25:3. 2008, 309:3, eff. Aug. 31, 2008.

Section 365:43

    365:43 Recovery of Forfeiture. – Any forfeiture incurred under the provisions of this chapter shall be recovered in an action brought by the attorney general in the name of the state, and when recovered shall be paid to the state treasurer.

Source. 1911, 164:19. PL 238:41. RL 287:42. 1951, 203:11 par. 43, eff. Sept. 1, 1951.

Section 365:44

    365:44 Institution of Action. – The commission shall have authority to direct the institution of such action, and the attorney general may institute it without direction whenever he shall have knowledge that such forfeiture has been incurred.

Source. 1911, 164:19. PL 238:42. RL 287:43. 1951, 203:11 par. 44, eff. Sept. 1, 1951.