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
9/26/2020

20VAC5-309-50. Commission Action.

A. The commission may accept or reject a proposed settlement to resolve probable violations of the Act. If the commission rejects a proposed settlement, a public hearing will be scheduled to receive evidence and take appropriate enforcement action as provided by the commission's Rules of Practice and Procedure (5VAC5-20-10 et seq.).

B. If the commission finds, after a hearing, that a violation has occurred or is continuing, it may issue a remedial order. The remedial order may direct the party or parties to take any action which is consistent with such party's or parties' obligations under the Act, including the payment of a civil penalty as provided by § 56-265.32 of the Code of Virginia. A remedial order issued by the commission under this section shall be effective upon issuance, in accordance with its terms, unless stayed, suspended, modified or rescinded.

C. If the commission finds that a violation has occurred or is continuing and presents an immediate potential danger to life, health, property, or essential public service, the commission may issue a temporary injunction and schedule a hearing and require the respondent to show cause why it should not be enjoined on account of the alleged violation or violations of the Act.

Statutory Authority

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

Historical Notes

Derived from Case No. PUE940071 § 5, eff. December 30, 1994; amended, Volume 17, Issue 09, eff. July 1, 2001; Volume 17, Issue 18, eff. July 1, 2001.

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