§ 56-265.32. (Effective until January 1, 2011) Commission to impose civilpenalties for certain violations; establishment of Underground Utility DamagePrevention Special Fund.
A. The Commission may, by judgment entered after a hearing on notice dulyserved on any person not less than thirty days before the date of thehearing, impose a civil penalty not exceeding $2,500 for each violation, ifit is proved that the person violated any of the provisions of this chapteras a result of a failure to exercise reasonable care. Any proceeding or civilpenalty undertaken pursuant to this section shall not prevent nor preempt theright of any party to obtain civil damages for personal injury or propertydamage in private causes of action. This subsection shall not authorize theCommission to impose civil penalties on any county, city or town. However,the Commission shall inform the counties, cities and towns of reports ofalleged violations involving the locality and, at the request of thelocality, suggest corrective action.
B. The Underground Utility Damage Prevention Special Fund (hereinafterreferred to as "Special Fund") is hereby established as a revolving fund tobe used by the Commission for administering the regulatory program authorizedby this chapter. The Special Fund shall be composed entirely of fundsgenerated by the enforcement of this chapter. Excess funds shall be used tosupport any one or more of the following: (i) public awareness programsestablished by a notification center pursuant to subsection B of §56-265.16:1; (ii) training and education programs for excavators, operators,line locators, and other persons; and (iii) programs providing incentives forexcavators, operators, line locators, and other persons to reduce the numberand severity of violations of the Act. The Commission shall determine theappropriate allocation of any excess funds among such programs, and shallestablish required elements for any program established under clause (ii) or(iii).
C. All civil penalties collected pursuant to this section shall be depositedinto the Underground Utility Damage Prevention Special Fund. Interest earnedon the fund shall be credited to the Special Fund. The Special Fund shall beestablished on the books of the Commission comptroller and any fundsremaining in the Underground Utility Damage Prevention Special Fund at theend of the fiscal year shall not revert to the general fund, but shall remainin the Special Fund.
(1994, c. 890; 2001, c. 351; 2002, c. 348.)
§ 56-265.32. (Effective January 1, 2011) Commission to impose civil penaltiesfor certain violations; establishment of Underground Utility DamagePrevention Special Fund.
A. The Commission may, by judgment entered after a hearing on notice dulyserved on any person not less than 30 days before the date of the hearing,impose a civil penalty not exceeding $2,500 for each violation, if it isproved that the person violated any of the provisions of this chapter as aresult of a failure to exercise reasonable care. Any proceeding or civilpenalty undertaken pursuant to this section shall not prevent nor preempt theright of any party to obtain civil damages for personal injury or propertydamage in private causes of action. This subsection shall not authorize theCommission to impose civil penalties on any county, city, town, or otherpolitical subdivision. However, the Commission shall inform the counties,cities, towns, and other political subdivisions of reports of allegedviolations involving the locality or political subdivision and, at therequest of the locality or political subdivision, suggest corrective action.
B. If the Commission asserts there is recurring noncompliance with any of theprovisions of this chapter by a county, city, town, or other politicalsubdivision, the Commission, upon written notice to the chairman of suchoperator's board or, in the case of a city or town, the mayor of suchoperator's council, and to such operator's chief executive officer, mayrequire a written response by such person or his designee. Such responseshall be made within 30 days of the operator's receipt of written notice fromthe Commission. The response shall confirm that the operator will complypromptly or explain why it disputes any assertion by the Commission ofnoncompliance. If the operator is not able to return to compliance promptly,the operator shall describe its plan to achieve compliance in a correctiveaction plan to be submitted to the Commission no later than 60 days after thereceipt of the written notice. Following submittal of a corrective actionplan, the Commission may convene a hearing for the purpose of receivingadditional evidence, determining whether noncompliance has occurred, anddetermining further suggested corrective action. The Commission may alsoconvene such a hearing if the operator fails to provide a written response ora corrective action plan as required by this subsection, or provides aresponse that disputes the Commission's assertions. Nothing in this sectionshall limit the Commission's powers under this chapter with respect topersons who are not counties, cities, towns, or political subdivisions of theCommonwealth.
C. The Underground Utility Damage Prevention Special Fund (hereinafterreferred to as Special Fund) is hereby established as a revolving fund to beused by the Commission for administering the regulatory program authorized bythis chapter. The Special Fund shall be composed entirely of funds generatedby the enforcement of this chapter. Excess funds shall be used to support anyone or more of the following: (i) public awareness programs established by anotification center pursuant to subsection B of § 56-265.16:1; (ii) trainingand education programs for excavators, operators, line locators, and otherpersons; and (iii) programs providing incentives for excavators, operators,line locators, and other persons to reduce the number and severity ofviolations of the Act. The Commission shall determine the appropriateallocation of any excess funds among such programs, and shall establishrequired elements for any program established under clause (ii) or (iii).
D. All civil penalties collected pursuant to this section shall be depositedinto the Underground Utility Damage Prevention Special Fund. Interest earnedon the fund shall be credited to the Special Fund. The Special Fund shall beestablished on the books of the Commission comptroller and any fundsremaining in the Underground Utility Damage Prevention Special Fund at theend of the fiscal year shall not revert to the general fund, but shall remainin the Special Fund.
(1994, c. 890; 2001, c. 351; 2002, c. 348; 2010, c. 205.)
§ 56-265.32. (Effective until January 1, 2011) Commission to impose civilpenalties for certain violations; establishment of Underground Utility DamagePrevention Special Fund.
A. The Commission may, by judgment entered after a hearing on notice dulyserved on any person not less than thirty days before the date of thehearing, impose a civil penalty not exceeding $2,500 for each violation, ifit is proved that the person violated any of the provisions of this chapteras a result of a failure to exercise reasonable care. Any proceeding or civilpenalty undertaken pursuant to this section shall not prevent nor preempt theright of any party to obtain civil damages for personal injury or propertydamage in private causes of action. This subsection shall not authorize theCommission to impose civil penalties on any county, city or town. However,the Commission shall inform the counties, cities and towns of reports ofalleged violations involving the locality and, at the request of thelocality, suggest corrective action.
B. The Underground Utility Damage Prevention Special Fund (hereinafterreferred to as "Special Fund") is hereby established as a revolving fund tobe used by the Commission for administering the regulatory program authorizedby this chapter. The Special Fund shall be composed entirely of fundsgenerated by the enforcement of this chapter. Excess funds shall be used tosupport any one or more of the following: (i) public awareness programsestablished by a notification center pursuant to subsection B of §56-265.16:1; (ii) training and education programs for excavators, operators,line locators, and other persons; and (iii) programs providing incentives forexcavators, operators, line locators, and other persons to reduce the numberand severity of violations of the Act. The Commission shall determine theappropriate allocation of any excess funds among such programs, and shallestablish required elements for any program established under clause (ii) or(iii).
C. All civil penalties collected pursuant to this section shall be depositedinto the Underground Utility Damage Prevention Special Fund. Interest earnedon the fund shall be credited to the Special Fund. The Special Fund shall beestablished on the books of the Commission comptroller and any fundsremaining in the Underground Utility Damage Prevention Special Fund at theend of the fiscal year shall not revert to the general fund, but shall remainin the Special Fund.
(1994, c. 890; 2001, c. 351; 2002, c. 348.)
§ 56-265.32. (Effective January 1, 2011) Commission to impose civil penaltiesfor certain violations; establishment of Underground Utility DamagePrevention Special Fund.
A. The Commission may, by judgment entered after a hearing on notice dulyserved on any person not less than 30 days before the date of the hearing,impose a civil penalty not exceeding $2,500 for each violation, if it isproved that the person violated any of the provisions of this chapter as aresult of a failure to exercise reasonable care. Any proceeding or civilpenalty undertaken pursuant to this section shall not prevent nor preempt theright of any party to obtain civil damages for personal injury or propertydamage in private causes of action. This subsection shall not authorize theCommission to impose civil penalties on any county, city, town, or otherpolitical subdivision. However, the Commission shall inform the counties,cities, towns, and other political subdivisions of reports of allegedviolations involving the locality or political subdivision and, at therequest of the locality or political subdivision, suggest corrective action.
B. If the Commission asserts there is recurring noncompliance with any of theprovisions of this chapter by a county, city, town, or other politicalsubdivision, the Commission, upon written notice to the chairman of suchoperator's board or, in the case of a city or town, the mayor of suchoperator's council, and to such operator's chief executive officer, mayrequire a written response by such person or his designee. Such responseshall be made within 30 days of the operator's receipt of written notice fromthe Commission. The response shall confirm that the operator will complypromptly or explain why it disputes any assertion by the Commission ofnoncompliance. If the operator is not able to return to compliance promptly,the operator shall describe its plan to achieve compliance in a correctiveaction plan to be submitted to the Commission no later than 60 days after thereceipt of the written notice. Following submittal of a corrective actionplan, the Commission may convene a hearing for the purpose of receivingadditional evidence, determining whether noncompliance has occurred, anddetermining further suggested corrective action. The Commission may alsoconvene such a hearing if the operator fails to provide a written response ora corrective action plan as required by this subsection, or provides aresponse that disputes the Commission's assertions. Nothing in this sectionshall limit the Commission's powers under this chapter with respect topersons who are not counties, cities, towns, or political subdivisions of theCommonwealth.
C. The Underground Utility Damage Prevention Special Fund (hereinafterreferred to as Special Fund) is hereby established as a revolving fund to beused by the Commission for administering the regulatory program authorized bythis chapter. The Special Fund shall be composed entirely of funds generatedby the enforcement of this chapter. Excess funds shall be used to support anyone or more of the following: (i) public awareness programs established by anotification center pursuant to subsection B of § 56-265.16:1; (ii) trainingand education programs for excavators, operators, line locators, and otherpersons; and (iii) programs providing incentives for excavators, operators,line locators, and other persons to reduce the number and severity ofviolations of the Act. The Commission shall determine the appropriateallocation of any excess funds among such programs, and shall establishrequired elements for any program established under clause (ii) or (iii).
D. All civil penalties collected pursuant to this section shall be depositedinto the Underground Utility Damage Prevention Special Fund. Interest earnedon the fund shall be credited to the Special Fund. The Special Fund shall beestablished on the books of the Commission comptroller and any fundsremaining in the Underground Utility Damage Prevention Special Fund at theend of the fiscal year shall not revert to the general fund, but shall remainin the Special Fund.
(1994, c. 890; 2001, c. 351; 2002, c. 348; 2010, c. 205.)
§ 56-265.32. (Effective until January 1, 2011) Commission to impose civilpenalties for certain violations; establishment of Underground Utility DamagePrevention Special Fund.
A. The Commission may, by judgment entered after a hearing on notice dulyserved on any person not less than thirty days before the date of thehearing, impose a civil penalty not exceeding $2,500 for each violation, ifit is proved that the person violated any of the provisions of this chapteras a result of a failure to exercise reasonable care. Any proceeding or civilpenalty undertaken pursuant to this section shall not prevent nor preempt theright of any party to obtain civil damages for personal injury or propertydamage in private causes of action. This subsection shall not authorize theCommission to impose civil penalties on any county, city or town. However,the Commission shall inform the counties, cities and towns of reports ofalleged violations involving the locality and, at the request of thelocality, suggest corrective action.
B. The Underground Utility Damage Prevention Special Fund (hereinafterreferred to as "Special Fund") is hereby established as a revolving fund tobe used by the Commission for administering the regulatory program authorizedby this chapter. The Special Fund shall be composed entirely of fundsgenerated by the enforcement of this chapter. Excess funds shall be used tosupport any one or more of the following: (i) public awareness programsestablished by a notification center pursuant to subsection B of §56-265.16:1; (ii) training and education programs for excavators, operators,line locators, and other persons; and (iii) programs providing incentives forexcavators, operators, line locators, and other persons to reduce the numberand severity of violations of the Act. The Commission shall determine theappropriate allocation of any excess funds among such programs, and shallestablish required elements for any program established under clause (ii) or(iii).
C. All civil penalties collected pursuant to this section shall be depositedinto the Underground Utility Damage Prevention Special Fund. Interest earnedon the fund shall be credited to the Special Fund. The Special Fund shall beestablished on the books of the Commission comptroller and any fundsremaining in the Underground Utility Damage Prevention Special Fund at theend of the fiscal year shall not revert to the general fund, but shall remainin the Special Fund.
(1994, c. 890; 2001, c. 351; 2002, c. 348.)
§ 56-265.32. (Effective January 1, 2011) Commission to impose civil penaltiesfor certain violations; establishment of Underground Utility DamagePrevention Special Fund.
A. The Commission may, by judgment entered after a hearing on notice dulyserved on any person not less than 30 days before the date of the hearing,impose a civil penalty not exceeding $2,500 for each violation, if it isproved that the person violated any of the provisions of this chapter as aresult of a failure to exercise reasonable care. Any proceeding or civilpenalty undertaken pursuant to this section shall not prevent nor preempt theright of any party to obtain civil damages for personal injury or propertydamage in private causes of action. This subsection shall not authorize theCommission to impose civil penalties on any county, city, town, or otherpolitical subdivision. However, the Commission shall inform the counties,cities, towns, and other political subdivisions of reports of allegedviolations involving the locality or political subdivision and, at therequest of the locality or political subdivision, suggest corrective action.
B. If the Commission asserts there is recurring noncompliance with any of theprovisions of this chapter by a county, city, town, or other politicalsubdivision, the Commission, upon written notice to the chairman of suchoperator's board or, in the case of a city or town, the mayor of suchoperator's council, and to such operator's chief executive officer, mayrequire a written response by such person or his designee. Such responseshall be made within 30 days of the operator's receipt of written notice fromthe Commission. The response shall confirm that the operator will complypromptly or explain why it disputes any assertion by the Commission ofnoncompliance. If the operator is not able to return to compliance promptly,the operator shall describe its plan to achieve compliance in a correctiveaction plan to be submitted to the Commission no later than 60 days after thereceipt of the written notice. Following submittal of a corrective actionplan, the Commission may convene a hearing for the purpose of receivingadditional evidence, determining whether noncompliance has occurred, anddetermining further suggested corrective action. The Commission may alsoconvene such a hearing if the operator fails to provide a written response ora corrective action plan as required by this subsection, or provides aresponse that disputes the Commission's assertions. Nothing in this sectionshall limit the Commission's powers under this chapter with respect topersons who are not counties, cities, towns, or political subdivisions of theCommonwealth.
C. The Underground Utility Damage Prevention Special Fund (hereinafterreferred to as Special Fund) is hereby established as a revolving fund to beused by the Commission for administering the regulatory program authorized bythis chapter. The Special Fund shall be composed entirely of funds generatedby the enforcement of this chapter. Excess funds shall be used to support anyone or more of the following: (i) public awareness programs established by anotification center pursuant to subsection B of § 56-265.16:1; (ii) trainingand education programs for excavators, operators, line locators, and otherpersons; and (iii) programs providing incentives for excavators, operators,line locators, and other persons to reduce the number and severity ofviolations of the Act. The Commission shall determine the appropriateallocation of any excess funds among such programs, and shall establishrequired elements for any program established under clause (ii) or (iii).
D. All civil penalties collected pursuant to this section shall be depositedinto the Underground Utility Damage Prevention Special Fund. Interest earnedon the fund shall be credited to the Special Fund. The Special Fund shall beestablished on the books of the Commission comptroller and any fundsremaining in the Underground Utility Damage Prevention Special Fund at theend of the fiscal year shall not revert to the general fund, but shall remainin the Special Fund.
(1994, c. 890; 2001, c. 351; 2002, c. 348; 2010, c. 205.)
