§ 4216.19. — 4216.19. (Amended by Stats. 2024, Ch. 447, Sec. 11.)

(a)
The board shall investigate possible violations of this article.
(b)
The board may investigate reports of occurrences of excavator downtime, damages, near misses, and complaints of violations from affected parties and members of the public.
(c)
In determining whether to pursue an investigation, the board shall consider whether the parties have settled the matter and whether further enforcement is necessary as a deterrent to maintain the integrity of subsurface installations and to protect the safety of excavators and the public.
(d)
If the board, upon the completion of an investigation, finds a probable violation of the article, the
board shall transmit the investigation results and any recommended penalty to the state or local agency pursuant to subdivision (c) or (d) of Section 4216.6.
(e)
Sanctions shall be graduated and may include notification and information letters, direction to attend relevant education, and financial penalties. When considering the issuance of citations and assessment of penalties, the board shall consider all of the following:
(1)
The type of violation and its gravity.
(2)
The degree of culpability.
(3)
The operator’s or excavator’s history of violations.
(4)
The operator’s or excavator’s history of work conducted without violations.
(5)
The efforts taken by the violator to prevent violation and, once the violation occurred, the efforts taken to mitigate the safety consequences of the violation.

Legislative History

Amended by Stats. 2024, Ch. 447, Sec. 11. (SB 778) Effective January 1, 2025.