Page 11 - Alabama 811 Magazine 2020 Issue 3
P. 11

It is noted that any violation that is a result of gross negligence or willful noncompliance may result in required complete course of training and a civil penalty not to exceed $10000 per incident.
The enforcement process is structured to allow all parties
to have the opportunity to
share their side of the events that occurred and have a group of stakeholder representatives review and make a determine as to any penalty to be accessed.
The chart to the right outlines the enforcement process:
The hope is that with a complaint driven process, that behavior
can be addressed and changed prior to the event of any damages to underground facilities or potential injury to individuals.
More information about the Underground Damage Prevention Authority can be found at www. Additionally, as it currently stands complaints can be filed on this site beginning 11/14/20.
Enforcement Process Within Underground Damage Prevention Authority Board
Enforcement Process Within Underground Damage Prevention Authority Board
Violation reported to Damage Prevention Authority
Must be reported within 30 days of known occurrence Noted whether for info only or for enforcement action
Authority Admin Notifies Alleged Violator of the Complaint Filed
Includes time/date/location of alleged violation and the entity reporting the violation Alleged violator has 14 days to respond to the complaint if disputing the violation filed
Authority Admin submits filed complaint and alleged violator response to Authority Executive Commitee
Executive Commitee reviews complaint filed and any associated response Authority Executive Committee makes recommendation for penalty action
Authority Admin notifies the Alleged Violator and the Complaintant of any penalty action recommendation from the Authority Executive Committee
The Alleged Violator Responds to the Enforcement Penalty Action
Accepts and pays the penalty
Request for appeal to full Damage Prevention Authority Board. Appeal Request must be submitted in 30 number of days
Full Authority Board reviews the information related to the complaint, the penalty and the appeal
Makes Recommendation of Upholding or Dismissing the Recommended Penalty Action
If the Alleged Violator disagrees with the final order they may file an appeal in Circuit Court within 30 days of the date of the final order.
2020, Issue 3
Alabama 811 • 9

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