49-7A ONE-CALL NOTIFICATION SYSTEM FOR EXCAVATION ACTIVITIES
ONE-CALL NOTIFICATION SYSTEM FOR EXCAVATION ACTIVITIES
Definition of terms.
Establishment of One-Call Notification Board.
Governing board--Representation--Term of appointment.
Notification of proposed excavation.
Operator not to be billed when location of excavation on notice differs from location
of operator's facility.
Duties of one-call notification center.
Location of underground facilities--Marking.
Failure to provide timely location markings--Inadequate markings--Liability.
Liability for damage to underground facility.
Notification of damage to underground facility--Repairs.
Inability to locate underground facility.
Local permit requirements unaffected.
Landowner's private underground facilities unaffected.
Complaints--Rules of Practice.
Penalties for intentional violations.
Each violation as separate offense.
Complaint and order prerequisites for penalty--Time limit.
Panel to determine existence of probable cause for violation--Recommendation to
Panel to forward complaint to respondent.
Respondent to satisfy or answer complaint--Procedure.
Complaint, answer to be sole basis for probable cause determination.
Factors considered in determining amount of penalty.
Board to accept panel's recommendation--Exception when party requests hearing--Conduct of hearing.
Action to recover penalty.
Record and evidence in court action.
Board to maintain docket and index.
Board to keep transcript of proceedings--Certification.
Removal of board member for conflict of interest.
Demand for penalty required before suit brought.
Board action has presumption of validity.