The commission, or a receiver appointed pursuant to § 49-48-4 , may bring an action, pursuant to title 15, in the circuit court of Hughes County, to enforce the forfeiture or divestiture of a prohibited person's interest in the electric facility or to terminate an agreement in violation of this chapter. The commission or receiver may recover attorney fees and costs incurred in the enforcement of the provisions of this chapter. The attorney fees and costs may be assessed against the prohibited person or recovered from the sale of the prohibited person's interest. The court may not enter an order granting the request for relief pursuant to this section unless: (1) The commission or receiver proves any alleged violation of this chapter by a preponderance of the evidence; and (2) The action is brought within three years after the first allegation of the violation is referred to the commission, as provided in § 49-48-4 .
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