Ala. Admin. Code r. 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.
Notes
Author: Underground Damage Prevention Authority
Statutory Authority: Code of Ala. 1975, ยง 37-15-10.2.
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