Title 54 Public Utilities
Chapter 8a Damage to Underground Utility Facilities
Section 13 Underground Facilities Damage Dispute Board -- Arbitration -- Relationship with Public Service Commission.
54-8a-13. Underground Facilities Damage Dispute Board -- Arbitration --
Relationship with Public Service Commission.
(1) There is created within the commission the Underground Facilities Damage Dispute
Board to arbitrate a dispute arising from:
(a) an operator's or excavator's violation of this chapter; and
(b) damage caused by excavation during an emergency.
(2) The board consists of five members appointed by the governor as follows:
(a) one member from a list of names provided to the governor by a group representing
operators;
(b) one member from a list of names provided to the governor by the Associated General
Contractors;
(c) one member from a list of names provided to the governor by Blue Stakes of Utah;
(d) one member from a list of names provided to the governor by the Utah Home
Builders Association; and
(e) one member from the Division of Public Utilities.
(3) (a) A member of the board:
(i) shall be appointed for a three-year term; and
(ii) may continue to serve until the member's successor takes office.
(b) At the time of appointment, the governor shall stagger the terms of the members to
ensure that approximately 1/3 of the members of the board are reappointed each year.
(c) A vacancy in the board shall be filled:
(i) for the unexpired term; and
(ii) in the same manner as the board member is initially appointed.
(d) The board shall select an alternate for a specific board member to serve on a specific
case if it becomes necessary to replace a member who has a conflict of interest because a dispute
involves that member or that member's employer.
(4) Three members of the board constitute a quorum.
(5) The board may, upon agreement of the disputing parties, arbitrate a dispute regarding
damages, not including personal injury damages, arising between:
(a) an operator;
(b) an excavator;
(c) a property owner; or
(d) any other interested party.
(6) At least four members of the board shall be present and vote on an arbitration
decision.
(7) An arbitration before the board shall be consistent with Title 78B, Chapter 11, Utah
Uniform Arbitration Act.
(8) The prevailing party in an arbitration conducted under this section shall be awarded
its costs and attorney fees in an amount determined by the board.
(9) (a) A member of the board who is not a state officer or employee or local government
officer or employee shall receive no compensation or benefits for the member's service, but may
receive per diem and expenses incurred in the performance of the member's duties at the rates
established by the Division of Finance under Sections 63A-3-106 and 63A-3-107. Members may
decline to receive per diem and expenses for their services.
(b) A state officer or employee or local government officer or employee member of the
board who does not receive salary, per diem, or expenses from their agency or employer for their
service on the board may receive per diem and expenses incurred in the performance of the
member's duties at the rates established by the Division of Finance under Sections 63A-3-106
and 63A-3-107. State and local government officer or employee members may decline to receive
per diem and expenses for their services.
(10) The commission shall provide administrative support to the board.
Enacted by Chapter 344, 2008 General Session
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