319.022. Notification centers, participation requirements and eligibility — names of participants made available, when — annual audit.

350 words·~2 min read·/mo/chapter-319/319-022

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

319.022. Notification centers, participation requirements and eligibility — names of participants made available, when — annual audit. — 1. Any person, except a railroad regulated by the Federal Railroad Administration, who installs or otherwise owns or operates an underground facility shall become a participant in a notification center upon first acquiring or owning or operating such underground facility. All underground facility owners within the state shall maintain participation in a notification center for the duration of owning and operating such underground facility.

2. Such notification center shall be governed by a board of directors elected by the membership and composed of representatives from the general membership group, plus four voting directors, elected by the board of directors, from other damage prevention stakeholders within the construction industry, three of whom shall be from a heavy civil, site grading, road or highway contractor and one of whom shall be from a utility or underground contractor; provided, however, that none of the directors, elected by the board of directors, shall work for a contractor that owns or operates an underground facility. All directors shall be subject to the bylaws and policies of the notification center.

3. The notification center shall maintain in its offices and make available to any notification center participant or excavator upon request a current list of the names and addresses of each notification center participant, including the county or counties wherein each participant has underground facilities. The notification center may charge a reasonable fee to notification center participants or excavators requesting such list as is necessary to recover the actual costs of printing and mailing.

4. Excavators shall be informed of the availability of the list of notification center participants.

5. An annual audit or review of the notification center shall be performed by a certified public accountant and a report of the findings submitted to the speaker of the house of representatives and the president pro tem of the senate.

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(L. 1991 S.B. 214 & 264, A.L. 2001 H.B. 425, A.L. 2007 S.B. 613 Revision, A.L. 2008 H.B. 1779, A.L. 2014 H.B. 1867, A.L. 2025 S.B. 133)