| D.__The commission may order a telephone utility to withhold |
| funds collected on behalf of a carrier that is subject to an |
| administrative penalty proceeding conducted pursuant to this |
| section if it finds that it is more likely than not that |
| penalties will be imposed or customer refunds will be |
| ordered that are equal to or greater than the amount ordered |
| withheld.__The commission shall provide the carrier notice |
| and an opportunity to be heard prior to ordering funds to be |
| withheld.__If the commission finds that there is a clear |
| danger that, if notified in advance, the carrier will |
| conceal or otherwise make funds unavailable to satisfy |
| penalties or customer refunds prior to providing notice and |
| an opportunity to be heard, it may issue an order to the |
| public utility to withhold the funds without providing |
| notice or an opportunity to be heard.__To issue such an |
| order, the commission must also make the first finding |
| required by this paragraph.__The commission shall, without |
| delay, provide a copy of the order to the carrier along with |
| written notice that the carrier, on request, will be |
| provided with an opportunity to contest the finding that it |
| is more likely than not that penalties will be imposed or |
| customer refunds will be ordered that are equal to or |
| greater than the amount ordered withheld. |