A-22-0427, In re Matter of Public Service Commission v. Banghart Properties, LLC (Appellant)

 Appeal form Nebraska Public Service Commission  

Attorneys for Appellant:  Loel P. Brooks (Brooks, Pansing, Brooks, PC, LLO) and Robert Konrad (Konrad Law, LLC) (admitted pro hac vice)

Attorney for Appellee:  L. Jay Bartel (Attorney General’s Office)

Civil: Civil Fines imposed for violations of the Grain Dealer Act

Action Taken by Public Service Commission:  Following an evidentiary hearing, Appellant was found to have violated certain provisions of the Nebraska Administrative Code and the Grain Dealer Act. The Public Service Commission imposed fines of $290,000 in fines against the Appellant for the violations.

Assignments of Error on Appeal:  Appellant contends that the Public Service Commission erred by (1) issuing an excessive and disproportionate penalty without considering and giving proper weight to mitigating factors and (2) directing the Appellant to rescind grain contracts with producers and using the Appellant’s failure to rescind as an aggravating factor in determining the amount of fines assessed.