§ 87-129. Underground Damage Prevention Review Board – Summary

Purpose of the Board

Establishes the Underground Damage Prevention Review Board to review alleged violations of North Carolina's Underground Damage Prevention Act.
The Board is responsible for investigating reports, determining violations, and recommending enforcement actions and penalties.

Board Composition

Member Terms and Governance

Members serve 4-year terms and may serve no more than two consecutive terms.
Vacancies are filled by the Governor for the remainder of the term, preferably within 60 days.
Members must recuse themselves when a conflict of interest exists.
The Governor may remove members for cause.
A quorum is a majority of seated members.
Members may participate electronically.
The Governor designates the Board chair.
The Board may adopt rules and establish attendance requirements.
The Board may appoint interim members when necessary.
The Utilities Commission may appoint a nonvoting ex officio administrative representative to assist the Board.

Complaint and Investigation Process

The Board receives and reviews reports of alleged violations.
The Board must notify the accused party of the allegation within 15 working days.
The Board maintains records and evidence submitted by:
- The reporting party.
- The party accused of the violation.
Records may include correspondence, photographs, videos, and other documentation.

Enforcement Authority

After reviewing a report, the Board may determine whether a violation occurred.
If a violation is found, the Board may impose or recommend:
- Training or education requirements.
- Civil penalties of up to $2,500 per violation.
The Board approves qualifying training courses and sponsors.
Violators are responsible for paying training costs.

Notice and Informal Conference

The Board must notify violators in writing within 30 days of its determination.
A person found in violation may request an informal conference with the Board within 30 days.
The individual must attend in person but may be represented by counsel.
After the conference, the Board may:
- Reverse its decision.
- Modify its decision.
- Uphold its decision.
Recommended penalties are forwarded to the Utilities Commission, which issues the formal penalty order.

Appeals and Arbitration

After the informal conference, a violator may appeal by initiating binding arbitration through the Utilities Commission within 30 days.
A $250 filing fee is required.
The parties select and pay for the arbitrator.
The Utilities Commission issues an order reflecting the arbitration outcome, including:
- Determination of fault.
- Penalty amount.
- Allocation of arbitration costs to the non-prevailing party.

Court Review

A person may appeal the Utilities Commission's order to Superior Court:
- In the county where the violation occurred, or
- In Wake County.
The appeal must be filed within 30 days.
The case is heard de novo (new review by the court).

Relationship to Civil Liability

The statute does not eliminate or limit existing civil remedies for personal injury or property damage.
Penalties under this Article are in addition to other available legal remedies.

Collection and Reporting of Penalties

The Utilities Commission must report annually to the Board regarding compliance by penalized parties.
If a penalty is unpaid for 90 days, the Attorney General may file suit in Wake County to collect it after appeal rights expire.
Civil penalty proceeds are distributed according to the North Carolina Constitution.

Administrative Authority

The Board may hire contractors or personnel necessary to carry out its duties.
Violation records and responses must be maintained for at least four years.
Upon request of the Board, the Attorney General's Office may provide legal counsel to the Board.

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