TITLE 39
Public Utilities and Carriers

CHAPTER 39-1.2
Excavation Near Underground Utility Facilities

SECTION 39-1.2-13.1


§ 39-1.2-13.1 Powers of administrator.

In enforcing the provisions of this chapter with respect to persons who are not public utilities, the administrator may:

(1) Conduct an investigation in connection with violations involving the excavation or demolition of public utility facilities; and

(2) For purposes of an investigation permitted under this section, require any person, which for purposes of this section only may be defined to include an individual, partnership, corporation, association or agent thereof, involved in the excavation or demolition of a public utility facility to appear at such time and place as the administrator may designate, then and there under oath to produce for the use of the administrator any and all documents and other such information relating directly to the incident as the administrator may require; and

(3) Require the attendance of any person as provided in this section, provided however that the administrator shall issue a notice setting the time and place when the attendance is required and shall cause the notice to be delivered or sent by registered or certified mail to the person at least fourteen (14) days before the date fixed in the notice for the attendance. In the event that any person fails to receive or accept notice by mail or fails to produce information requested, the administrator is empowered to issue a subpoena in a manner consistent with § 39-1-13.

If any person receiving notice pursuant to this provision neglects to attend or remain in attendance so long as may be necessary for the purposes which the notice was issued, or refuses to produce information requested, any justice of the Superior Court for the county within which the inquiry is carried on or within which the person resides or transacts business, upon application of either the administrator or the person subject to the notice, shall have jurisdiction to hear and consider on an expedited basis the request and if deemed necessary and relevant to the consideration of the incident at issue, may issue an appropriate order. Any failure to obey the order of the superior court may be punished by the court as contempt thereof. The administrator may, after notice and opportunity for a fair and prompt hearing, and a finding that the person was in whole or in part responsible for the incident based upon clear and convincing evidence, impose a penalty or fine not in excess of penalties set forth in § 39-1.2-13.

This section shall not limit or effect any powers conferred upon the administrator pursuant to Title 39 as such powers relate to public utility companies or agents thereof.

History of Section.
(P.L. 1998, ch. 367, § 2.)