Investigation of complaint of violation; hearing; judicial review
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The board shall develop and implement a process whereby upon receipt of a complaint of a violation of this chapter, the executive committee shall initiate an investigation of the complaint which may include a request that the Pipeline Safety Division designate an employee of the division who will investigate the complaint in accordance with this chapter and the rules adopted by the board.
Any investigator acting upon request by the executive committee may issue citations for violations of this chapter in a form and manner established by the board. Any citation shall include a recommendation for the penalty to be assessed and training to be completed under Section 77-13-27.
If the person to whom the citation is issued under subsection (2) of this section does not pay the citation or submit to ordered training, or both as applicable, within thirty (30) days, then the executive committee shall conduct a hearing and issue an order which includes its findings and ordered penalties. The hearing shall be held at the time and place set forth in the citation or in a separate notice of hearing.
A person aggrieved by the executive committee's order may, within sixty (60) days, seek judicial review in the form of an appeal "de novo" in the Chancery Court of the county in which the excavation occurred. If the excavation occurred in more than one (1) county, then the appeal shall be conducted in the chancery court of the county where the greatest amount of excavation referenced in the citation occurred.
The person initiating a complaint of violation under this chapter shall submit to the board all information and documents in its possession related specifically to the alleged violation.
Evidence of findings of fact, civil penalties, or any of the actions or proceedings pursuant to this chapter shall not be admissible in any other civil causes of action. This chapter shall not limit any person's right to pursue any additional civil remedy otherwise allowed by law.
Nothing in this chapter shall grant the executive committee or the board jurisdiction over damage to utilities located above the ground.