Part II. Enforcement
20VAC5-309-20. Report of probable violations.
Any person, as defined in § 56-265.15 of the Code of Virginia, may report probable violations of Chapter 10.3 of Title 56 to the State Corporation Commission, Division of Utility and Railroad Safety (division). The reports of probable violations may be submitted to the division in writing, by phone, fax, e-mail, or in person. All written reports of probable violations shall include the information requested on SCC Form DPA-1, if available. All probable violations shall be reported to the division within 30 days of a person becoming aware of the circumstances constituting the probable violations.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Historical Notes
Derived from Case No. PUE940071 § 2, eff. December 30, 1994; amended, Virginia Register Volume 17, Issue 9, eff. July 1, 2001, and Volume 17, Issue 18, eff. July 1, 2001; Volume 20, Issue 15, eff. March 12, 2004.
20VAC5-309-30. Commission staff investigation of probable violations.
Upon receipt of a report of a probable violation, the Commission staff ("staff") shall conduct an investigation to examine all the relevant facts regarding the reported probable violation. The investigation may include, among other things, records verification, informal meetings, teleconferences, and photo-documentation. Responses to reports of probable violations may be provided to the division in writing, by phone, fax, e-mail or in person. Upon completion of the investigation, the staff shall review its findings and recommendations with the Advisory Committee established in accordance with § 56-265.31 of the Act.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Historical Notes
Derived from Case No. PUE940071 § 3, eff. December 30, 1994; amended, Virginia Register Volume 17, Issue 9, eff. July 1, 2001, and Volume 17, Issue 18, eff. July 1, 2001.
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, Virginia Register Volume 17, Issue 9, eff. July 1, 2001; Volume 17, Issue 18, eff. July 1, 2001; Volume 20, Issue 15, eff. March 12, 2004.
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, Virginia Register Volume 17, Issue 9, eff. July 1, 2001; Volume 17, Issue 18, eff. July 1, 2001.
20VAC5-309-60. Civil penalties.
A. In determining the amount of any civil penalty included in a settlement, the nature, circumstances and gravity of the violation; the degree of the respondent's culpability; the respondent's history of prior offenses; and such other factors as may be appropriate shall be considered.
B. The respondent shall pay a civil penalty that has been assessed or compromised by submitting to the division a certified check made payable to the Treasurer of Virginia in the correct amount. All such penalties shall be deposited in the Underground Utility Damage Prevention Special Fund and shall be used for administering the regulatory program authorized by the Act. Any excess funds shall be used for public awareness programs established pursuant to subsection B of § 56-265.16:1 of the Code of Virginia.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Historical Notes
Derived from Case No. PUE940071 § 6, eff. December 30, 1994.
20VAC5-309-70. Petition for reconsideration.
Any person subject to an order from the Virginia State Corporation Commission may petition the commission for reconsideration of its order under 5VAC5-20-220 of the commission's Rules of Practice and Procedure.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Historical Notes
Derived from Case No. PUE940071 § 7, eff. December 30, 1994; amended, Virginia Register Volume 17, Issue 9, eff. July 1, 2001; Volume 17, Issue 18, eff. July 1, 2001; Volume 20, Issue 15, eff. March 12, 2004.
20VAC5-309-80. Appeals generally.
Any final finding, decision setting the substantive law, order or judgment of the commission may be appealed only to the Supreme Court of Virginia, subject to § 12.1-39 et seq. of the Code of Virginia, and to Rule 5:21 of that Court.
Statutory Authority
§§ 12.1-13 and 56-265.30 of the Code of Virginia.
Historical Notes
Derived from Case No. PUE940071 § 8, eff. December 30, 1994.