§ 910-X-3-.02. Complaint Process
(1) The Authority shall utilize the services of the Alabama Public Service Commission to provide administrative support, subject to the concurrence by the Authority Board. The Public Service Commission shall charge the expenses associated with the administrative duties of the Authority back to the Authority, subject to the concurrence of the Authority Board. The administrative support provided by the Alabama Public Service Commission to the Authority is in an administrative capacity only and shall not expand the jurisdiction of the Alabama Public Service Commission in any way.
(2) The complaint process shall include:
(a) A completed complaint form submitted to the Authority administrator in the designated manner outlined by the Authority.
(b) The complaint form must include all required information designated on approved complaint form.
(c) Upon receipt of a complaint of a violation of this chapter, the administrator, operating on behalf of the Authority, shall provide notice to the reported violator advising that a complaint of violation has been made setting out the time and place of the alleged violation, the identity of who reported the violation, his or her right to file a written response within 14 days, and his or her right to appeal from an adverse decision.
(d) The administrator, acting on behalf of the Authority, shall submit the complaint and documentation to the Executive Committee.
(e) The Authority Executive Committee will review the complaint and any documentation regarding the complaint and make any needed recommendation for penalty action.
(f) The administrator, operating on behalf of the Authority, shall notify the complainant and the reported violator of any penalty assessed.
(g) Once the reported violator is notified of the designated penalty as described in Section 37-15-10, et seq, Code of Ala. 1975, the violator may pay the penalty to the Underground Damage Prevention Fund or dispute the penalty and request a hearing before the full Authority Board.
(h) The request for a hearing before the Authority Board must be done within 30 days of the issuance of notification of the violation.
(i) The full Authority Board shall meet no more than quarterly, based on need. The hearings will be held at the place set forth in the citation notice of hearing. There shall be no presumption of correctness attached to any finding of fact or any assessment of a penalty that is appealed to the Authority Board, and the proceedings and hearing before the Authority Board shall be tried de novo. The complainant must attend the hearing.
(3) In cases in which a final citation is issued to an alleged violator, the alleged violator may pay the civil penalty and/or perform the ordered training and applicable costs within ninety (90) days of the citation issuance date, and upon payment of the penalty and performance of the ordered training, the matter shall be closed.(Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. November 14, 2020.)
Author: Underground Damage Prevention Authority
Statutory Authority: Code of Ala. 1975, § 37-15-10.2.
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