Administrative Code

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Virginia Administrative Code
Title 20. Public Utilities and Telecommunications
Agency 5. State Corporation Commission
Chapter 309. Rules for Enforcement of the Underground Utility Damage Prevention Act
8/3/2020

20VAC5-309-40. Advisory Committee Review of Probable Violations.

A. The Advisory Committee (committee), established by the commission, shall meet on a periodic basis to review probable violations of the Act and the staff's findings and recommendations relative to such violations. Upon determination of either the staff or the committee that a violation may have occurred, and that an enforcement action is required, the staff shall take one or more of the following actions:

1. Issue a warning letter to the person alleged to have committed the violation (respondent);

2. Issue an information letter to a county, city, or town alleged to have committed the violation;

3. Enter settlement negotiations with the respondent. Upon reaching agreement on settlement terms, the division shall present the proposed settlement to the commission for final acceptance or rejection; or

4. Request the issuance of a "Rule to Show Cause" order pursuant to 5VAC5-20-90 of the commission's Rules of Practice and Procedure.

B. In the event that the staff but not the committee recommends enforcement action against a probable violator, not withstanding 20VAC5-309-40 A 3, the staff may not pursue a settlement with the probable violator absent the initiation of a rule to show cause. As part of its request for a rule to show cause, staff shall report to the commission the committee's recommendations and reason or reasons for the committee's recommendations.

C. As soon as practicable after its establishment, the committee shall develop and implement a set of bylaws. These bylaws shall delineate the committee's practice and procedures relative to performing the duties assigned by the commission, including the review of probable violations of the Act.

D. If deemed necessary, the committee shall establish one or more subcommittees of experts in the operations covered by the Act. These subcommittees shall assist the committee in performing its assigned duties.

Statutory Authority

§§ 12.1-13 and 56-265.30 of the Code of Virginia.

Historical Notes

Derived from Case No. PUE940071 § 4, eff. December 30, 1994; amended, Volume 17, Issue 09, eff. July 1, 2001; Volume 17, Issue 18, eff. July 1, 2001; Volume 20, Issue 15, eff. March 12, 2004.

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