Participation in notification center required, exceptions--withdrawalfrom notification center inadmissible in court proceedings.
319.028. 1. On or after January 1, 2003, an owner or operator ofunderground facilities, who has become a participant in the notificationcenter as required in section 319.022, will maintain participation in thenotification center, unless it is determined that the inaccuracy rate of thenotification center reaches fifteen percent. The accuracy rate shall bedetermined by the number of notifications of an excavation, where the owner oroperator has no underground facilities at the excavation site, as described inthe excavators notification, divided by the total number of notifications toan owner or operator of underground facilities during any twelve-month period.
2. Once the notification center has an inaccuracy rate of fifteenpercent or higher for any owner or operator of underground facilities, thenany such owner or operator may withdraw from participation in the notificationcenter by providing written notice to the notification center of itswithdrawal. The owner or operator shall then file with the recorder of deedsfor each county it has underground facilities a statement that it hasunderground facilities and a name and phone number of a contact person thatexcavators shall contact and notify of its intent to excavate. The owner oroperator shall also publish, at least quarterly, in a newspaper or otherpublication of general circulation in counties that have undergroundfacilities a statement that the owner or operator has underground facilitiesand who the excavator shall contact regarding its intent to excavate.
3. After January 1, 2003, in the event that an owner or operatorwithdraws from the notification center no party may use in * any legalproceeding the fact that an owner or operator has withdrawn from thenotification center as evidence to establish negligence, recklessness, lack ofadherence to industry standards, or any other manner which would suggest thatthe owner or operator failed to comply with any standard of care.
Participation in notification center required, exceptions--withdrawalfrom notification center inadmissible in court proceedings.
319.028. 1. On or after January 1, 2003, an owner or operator ofunderground facilities, who has become a participant in the notificationcenter as required in section 319.022, will maintain participation in thenotification center, unless it is determined that the inaccuracy rate of thenotification center reaches fifteen percent. The accuracy rate shall bedetermined by the number of notifications of an excavation, where the owner oroperator has no underground facilities at the excavation site, as described inthe excavators notification, divided by the total number of notifications toan owner or operator of underground facilities during any twelve-month period.
2. Once the notification center has an inaccuracy rate of fifteenpercent or higher for any owner or operator of underground facilities, thenany such owner or operator may withdraw from participation in the notificationcenter by providing written notice to the notification center of itswithdrawal. The owner or operator shall then file with the recorder of deedsfor each county it has underground facilities a statement that it hasunderground facilities and a name and phone number of a contact person thatexcavators shall contact and notify of its intent to excavate. The owner oroperator shall also publish, at least quarterly, in a newspaper or otherpublication of general circulation in counties that have undergroundfacilities a statement that the owner or operator has underground facilitiesand who the excavator shall contact regarding its intent to excavate.
3. After January 1, 2003, in the event that an owner or operatorwithdraws from the notification center no party may use in * any legalproceeding the fact that an owner or operator has withdrawn from thenotification center as evidence to establish negligence, recklessness, lack ofadherence to industry standards, or any other manner which would suggest thatthe owner or operator failed to comply with any standard of care.
Participation in notification center required, exceptions--withdrawalfrom notification center inadmissible in court proceedings.
319.028. 1. On or after January 1, 2003, an owner or operator ofunderground facilities, who has become a participant in the notificationcenter as required in section 319.022, will maintain participation in thenotification center, unless it is determined that the inaccuracy rate of thenotification center reaches fifteen percent. The accuracy rate shall bedetermined by the number of notifications of an excavation, where the owner oroperator has no underground facilities at the excavation site, as described inthe excavators notification, divided by the total number of notifications toan owner or operator of underground facilities during any twelve-month period.
2. Once the notification center has an inaccuracy rate of fifteenpercent or higher for any owner or operator of underground facilities, thenany such owner or operator may withdraw from participation in the notificationcenter by providing written notice to the notification center of itswithdrawal. The owner or operator shall then file with the recorder of deedsfor each county it has underground facilities a statement that it hasunderground facilities and a name and phone number of a contact person thatexcavators shall contact and notify of its intent to excavate. The owner oroperator shall also publish, at least quarterly, in a newspaper or otherpublication of general circulation in counties that have undergroundfacilities a statement that the owner or operator has underground facilitiesand who the excavator shall contact regarding its intent to excavate.
3. After January 1, 2003, in the event that an owner or operatorwithdraws from the notification center no party may use in * any legalproceeding the fact that an owner or operator has withdrawn from thenotification center as evidence to establish negligence, recklessness, lack ofadherence to industry standards, or any other manner which would suggest thatthe owner or operator failed to comply with any standard of care.
