US Lawyer Database

Section 13-208 – Cease and Desist Orders

    (a)    In addition to any otherwise available remedy, the Commission may summarily order a person who is subject to the jurisdiction of the Commission to cease and desist from an act or practice if the Commission determines from specific facts shown by affidavit or other statement made under oath that:         (1)    the person has engaged in an […]

Section 12-313 – Responsibility for Costs

    (a)    Subject to applicable rules, regulations, tariffs, or ordinances, the landowner is responsible for the costs of construction, reconstruction, relocation, or conversion of all electric or communication facilities of a public agency or public utility from the point of attachment of the electric or communication facility to any improvements located on the landowner’s property within a […]

Section 12-130 – Application to Primary Contractors — Duties of Primary Contractor and Temporary Excavator

    (a)    (1)    This section applies to a primary contractor that:             (i)    performs the excavation duties for the duration of a ticket;             (ii)    initiates the notification to the one–call system to establish a ticket;             (iii)    is on site to supervise all activities and employees; and             (iv)    intends to utilize services or equipment of a temporary excavator.         (2)    For purposes of this section, a […]

Section 12-314 – Notice to Landowners of Responsibility for Costs

    (a)    (1)    At least 15 days before the date of commencement of construction, the clerk of the legislative body of the county or municipal corporation shall mail a notice to each landowner within the conversion district that informs the landowner of the provisions of § 12-313 of this subtitle.         (2)    The clerk shall use the names and addresses […]

Section 12-131 – Designer Initiating Ticket Request

    (a)    In connection with a project that may require excavation or demolition, a person may initiate a nonexcavation designer ticket request by notifying the one–call system serving the geographic area covering the planned project in accordance with this section.     (b)    (1)    In connection with a project that may require excavation or demolition, a person initiating a nonexcavation designer […]

Section 12-315 – Consequences of Failure to Comply

    (a)    If a landowner fails to comply with § 12-313 of this subtitle, all overhead electric or communication facilities providing electric service or communication service to any building, structure, or other improvement on the property shall be disconnected and removed.     (b)    At least 5 days before the disconnection, the landowner shall be provided written notice of the […]

Section 12-134 – Injunctive Actions

    (a)    To stop or prevent a negligent or unsafe excavation or demolition, an owner or the Attorney General may file an action for a writ of mandamus or injunction in a court of competent jurisdiction in Baltimore City or the county in which the excavation or demolition is being performed or is to be performed or […]

Section 12-135 – Civil Penalties

    (a)    (1)    A person that performs an excavation or demolition without first providing the notice required under § 12–124(a) of this subtitle is deemed negligent and is subject to a civil penalty assessed by the Authority.         (2)    The Authority shall calculate the civil penalty considering:             (i)    the severity of the violation;             (ii)    the intent and good faith of the violator; […]

Section 12-302 – Legislative Findings; Declaration of Intent

    (a)    The General Assembly finds that, in many areas of the State, landowners, cities, counties, municipal corporations, public agencies, and public utilities desire to convert existing overhead electric or communication facilities to underground locations through proceedings under this subtitle.     (b)    The General Assembly declares that:         (1)    a public purpose will be served by providing a procedure to convert […]