General. O.C.G.A § 32-6-171
requires the establishment of a Mediation Board to hear and decide disputes
that may arise between the Department, the utility companies, and contractors
concerning the prompt removal, relocation or adjustment of utilities on the
Department's projects. The Code authorizes the Department to establish rules,
procedures and guidelines for utility relocation, including the resolution of
disputes pertaining to utility relocation.
Legislative Intent. The
legislature intended for mediation to be a means by which the Department, the
Utilities, and the Contractors can settle disputes regarding the removal,
relocation or adjustment of utilities on the Department's projects. The State
Transportation Board views dispute resolution as a less expensive and more
constructive alternative to litigation, which too often is the only option
available to the parties involved in these disputes. The implementation by the
Department of utility relocation procedures and the creation of a Mediation
Board to assist with dispute resolution is one method of making removal,
relocation or adjustment of utilities on the Department's projects both
effective and efficient.
Ga. Comp. R. & Regs.
Authority O.C.G.A. Secs.
Original Rule entitled
"Purpose" adopted. F. Dec. 18, 2007; eff.
Jan. 7, 2008.