SB 1236 - This act establishes the Underground Damage Prevention Review Board to review reports of alleged violations of provisions of law relating to underground facilities.
The Board shall consist of 9 members appointed by the Governor, as set forth in the act. No member may serve on a case in which the member has a conflict of interest.
The Board shall contact persons against whom reports of alleged violations have been filed within 10 days of the filing of the report. The Board shall maintain information relating to alleged violations as specified in the act.
If the Board determines that a person has violated a provision relating to underground facilities as set forth in statute, the Board shall determine the appropriate action or penalty to impose for each violation. Actions and penalties may include, but are not limited to, training, education, and a civil penalty not to exceed $2,500.
The Board shall notify each person determined to have committed a violation and give the Board's determination and recommended action or penalty. Such person may request a hearing before the Board, after which the Board may reverse or uphold its original finding.
If the Board recommends a penalty, the Board shall notify the Public Service Commission of the recommended penalty and the Commission shall issue an order imposing the penalty.
If the Board recommends a penalty, the fee assessed upon an underground facility owner shall be collected as set forth in the act. All fees collected by the Board shall be credited to the Underground Damage Prevention Review Board Fund created in the act.
The Attorney General's office shall assign a legal representative to provide legal counsel to the Board, if requested.
This act is identical to HB 1164 (2021) and similar to SB 573 (2021).