Section 49-7A-20 – Each violation as separate offense.
49-7A-20. Each violation as separate offense. Each violation of any statute or rule of the Statewide One-Call Notification Board constitutes a separate offense. In the case of a continuing violation, each day that the violation continues constitutes a separate violation. Source: SL 2002, ch 211, §14.
Section 49-7A-21 – Complaint and order prerequisites for penalty–Time limit.
49-7A-21. Complaint and order prerequisites for penalty–Time limit. No penalty may be imposed pursuant to §§49-7A-18 and 49-7A-19 except by order following a complaint pursuant to §49-7A-17. A complaint alleging a violation of any statute, except §49-7A-12, or alleging a violation of any rule of the Statewide One-Call Notification Board shall be brought not later […]
Section 49-7A-22 – Panel to determine existence of probable cause for violation–Recommendation to board.
49-7A-22. Panel to determine existence of probable cause for violation–Recommendation to board. Upon the initiation of a complaint pursuant to §49-7A-17, a panel of three or five members of the Statewide One-Call Notification Board shall be appointed by the chair for the purpose of determining whether there is probable cause to believe there has been […]
Section 49-7A-23 – Panel to forward complaint to respondent.
49-7A-23. Panel to forward complaint to respondent. Upon receipt of a complaint and the appointment of a panel, the panel shall forward to the respondent a statement of the complaint and a notice requiring the respondent to satisfy the complaint or answer it in writing within twenty days from the date of service of the […]
Section 49-7A-24 – Respondent to satisfy or answer complaint–Procedure.
49-7A-24. Respondent to satisfy or answer complaint–Procedure. The respondent shall, within the time fixed by the notice served upon it, satisfy the complaint or answer the complaint by filing the original and two copies of the answer in the office of the board and serving a copy on each complainant. Source: SL 2002, ch 211, […]
Section 49-7A-25 – Complaint, answer to be sole basis for probable cause determination.
49-7A-25. Complaint, answer to be sole basis for probable cause determination. A determination of probable cause shall be made by the panel solely on these submissions and no other evidence shall be considered. Source: SL 2002, ch 211, §19.
Section 49-7A-26 – Factors considered in determining amount of penalty.
49-7A-26. Factors considered in determining amount of penalty. The amount of recommended penalty shall be determined by a majority vote of the panel. Factors to be considered in determining the amount of the penalty shall be: (1)The amount of damage, degree of threat to the public safety, and inconvenience caused; (2)The respondent’s plans and procedures […]
Section 49-7A-17 – Complaints–Rules of Practice.
49-7A-17. Complaints–Rules of Practice. Any person with a complaint against a party who violates or with a complaint against a party who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8, may apply to the board for relief. No complaint may […]
Section 49-7A-18 – Penalties.
49-7A-18. Penalties. Except as provided in §49-7A-19 and in addition to all other penalties provided by law, any person who violates or who procures, aids, or abets in the violation of §49-7A-2, 49-7A-5, 49-7A-8, or 49-7A-12, or any rules promulgated pursuant to §49-7A-2, 49-7A-5, or 49-7A-8 may be assessed a penalty of up to one […]
Section 49-7A-5 – Notification of proposed excavation.
49-7A-5. Notification of proposed excavation. No excavator may begin any excavation without first notifying the one-call notification center of the proposed excavation. The excavator shall give notice by telephone or by other methods approved by the board pursuant to rules promulgated pursuant to chapter 1-26 to the one-call notification center at least forty-eight hours prior […]