76-2319. Board of directors; rules and regulations; selection of vendor.

302 words·~1 min read·/ne/chapter-76/76-2319

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

(1)The center shall be governed by a board of directors who shall oversee operation of the center pursuant to rules and regulations adopted and promulgated by the State Fire Marshal to carry out the One-Call Notification System Act. The board of directors shall have the authority to propose rules and regulations which may be adopted and promulgated pursuant to this section and have such other authority as provided by rules and regulations adopted and promulgated by the State Fire Marshal that are not inconsistent with the One-Call Notification System Act.

(2)The board of directors shall also establish a competitive bidding procedure to select a vendor to provide the notification service, establish a procedure by which members of the center share the costs of the center on a fair, reasonable, and nondiscriminatory basis, and do all other things necessary to implement the purpose of the center. Any agreement between the center and a vendor for the notification service may be modified from time to time by the board of directors, and any agreement shall be reviewed by the board of directors at least once every three years, with an opportunity to receive new bids if desired by the board of directors.

(3)The rules and regulations adopted and promulgated by the State Fire Marshal to carry out subsection

(2)of this section may provide for:

(a)Any requirements necessary to comply with United States Department of Transportation programs;

(b)The qualifications, appointment, retention, and composition of the board of directors; and

(c)Best practices for the marking, location, and notification of proposed excavations which shall govern the center, excavators, and operators of underground facilities.

(4)Any rule or regulation adopted and promulgated by the State Fire Marshal pursuant to subdivision (3)(c) of this section shall originate with the board of directors.