§ 39-1.2-13.1 - Powers of administrator.
SECTION 39-1.2-13.1
§ 39-1.2-13.1 Powers of administrator.– In enforcing the provisions of this chapter with respect to persons who are notpublic utilities, the administrator may:
(1) Conduct an investigation in connection with violationsinvolving the excavation or demolition of public utility facilities; and
(2) For purposes of an investigation permitted under thissection, require any person, which for purposes of this section only may bedefined to include an individual, partnership, corporation, association oragent thereof, involved in the excavation or demolition of a public utilityfacility to appear at such time and place as the administrator may designate,then and there under oath to produce for the use of the administrator any andall documents and other such information relating directly to the incident asthe administrator may require; and
(3) Require the attendance of any person as provided in thissection, provided however that the administrator shall issue a notice settingthe time and place when the attendance is required and shall cause the noticeto be delivered or sent by registered or certified mail to the person at leastfourteen (14) days before the date fixed in the notice for the attendance. Inthe event that any person fails to receive or accept notice by mail or fails toproduce information requested, the administrator is empowered to issue asubpoena in a manner consistent with § 39-1-13.
If any person receiving notice pursuant to this provisionneglects to attend or remain in attendance so long as may be necessary for thepurposes which the notice was issued, or refuses to produce informationrequested, any justice of the Superior Court for the county within which theinquiry is carried on or within which the person resides or transacts business,upon application of either the administrator or the person subject to thenotice, shall have jurisdiction to hear and consider on an expedited basis therequest and if deemed necessary and relevant to the consideration of theincident at issue, may issue an appropriate order. Any failure to obey theorder of the superior court may be punished by the court as contempt thereof.The administrator may, after notice and opportunity for a fair and prompthearing, and a finding that the person was in whole or in part responsible forthe incident based upon clear and convincing evidence, impose a penalty or finenot in excess of penalties set forth in § 39-1.2-13.
This section shall not limit or effect any powers conferredupon the administrator pursuant to Title 39 as such powers relate to publicutility companies or agents thereof.