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2019 Tennessee Code
Title 65 - Public Utilities and Carriers
Chapter 31 - Underground Utility Damage Prevention Act
§ 65-31-116. Investigation of complaint of violation of chapter -- Issuance of citations -- Hearing -- Appeal -- Petition for review.

Universal Citation: TN Code § 65-31-116 (2019)
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  • (a) Upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint by requesting that the Tennessee public utility commission designate an employee of the commission who will investigate the complaint at the executive committee's direction.

  • (b) Any investigator acting at the direction of the executive committee may issue citations for violations of this chapter. Any citation may include a recommendation for the penalty to be assessed under § 65-31-112.

  • (c) If the person to whom the citation is issued under subsection (b) does not pay the citation or submit to ordered training, or both, within thirty (30) days, then the executive committee shall appoint a hearing officer to conduct a hearing and issue an initial order pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The hearing shall be held in the Nashville, Davidson County, offices of the Tennessee public utility commission at the time set forth in the citation notice of hearing.

  • (d) An appeal of the initial order pursuant to § 4-5-315 shall be heard by the executive committee.

  • (e) A person aggrieved by the final order may, within sixty (60) days, file a petition for judicial review pursuant to § 4-5-322. In the case of a decision involving an excavation in proximity to underground facilities of a municipally-owned utility located in a county having a population of greater than three hundred thousand (300,000), according to the 2010 federal census or any subsequent federal census, the petition for review shall be filed in the chancery court located in that county. In all other cases, the petition for review shall be filed in the chancery court of Davidson County.

  • (f) Nothing in this chapter shall grant the executive committee or the board jurisdiction over damage to utilities located above ground.

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