(a) The board has the power and authority to:

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Terms Used In Tennessee Code 65-31-115

  • Board: means the underground utility damage enforcement board, created by §. See Tennessee Code 65-31-102
  • Contract: A legal written agreement that becomes binding when signed.
  • Damage: includes the substantial weakening of structural or lateral support of an underground utility, penetration or destruction of any protective coating, housing or other protective device of an underground utility, the partial or complete severance of an underground utility and rendering any underground utility inaccessible. See Tennessee Code 65-31-102
  • Executive committee: means the executive committee created by §. See Tennessee Code 65-31-102
  • One-Call Service: means a telephone notification service described in §. See Tennessee Code 65-31-102
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105
(1) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board;
(2) Adopt a seal for the board, prescribe the style of the seal, and alter the seal at the board’s pleasure; and
(3) Make and enter into contracts.
(b) The board shall:

(1) Through its executive committee, initiate investigations and conduct hearings as required by § 65-31-116;
(2) Meet a minimum of two (2) times per calendar year;
(3) Examine data regarding underground utility damage and make recommendations to the general assembly for further updates to this chapter;
(4) Manage the underground damage prevention fund created by § 65-31-117;
(5) Assess its annual operating cost to operators in an amount equal to the amount necessary to offset the cost of investigative and administrative services performed by the Tennessee public utility commission at the direction of the board. The annual operating costs shall be apportioned in a proportional manner and collected by the one-call service from the operators; and
(6) Subject to the availability of funding in the underground damage prevention fund created by § 65-31-117, contract with appropriate entities or agencies to conduct training and public awareness for damage prevention.
(c)

(1) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board.
(2) The board’s chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (c)(1).
(d) The executive committee shall review the reasonableness of fees and any subsequent changes to the fees charged to violators by the board’s designated provider of compliance training ordered pursuant to § 65-31-112.
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