§ 39-1.2-13.1. Powers of administrator.
In enforcing the provisions of this chapter with respect to persons who or that are
not public utilities, the administrator may:
(1) Conduct an investigation in connection with violations involving the excavation or
demolition of public utility facilities; and
(2) For purposes of an investigation permitted under this section, require any person,
which for purposes of this section only may be defined to include an individual, partnership,
corporation, association or agent thereof, involved in the excavation or demolition
of a
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§ 39-1.2-13.1. Powers of administrator.
In enforcing the provisions of this chapter with respect to persons who or that are
not public utilities, the administrator may:
(1) Conduct an investigation in connection with violations involving the excavation or
demolition of public utility facilities; and
(2) For purposes of an investigation permitted under this section, require any person,
which for purposes of this section only may be defined to include an individual, partnership,
corporation, association or agent thereof, involved in the excavation or demolition
of a public utility facility 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 and all documents and other such information relating directly to the incident
as the administrator may require; and
(3) Require the attendance of any person as provided in this section, provided however
that the administrator shall issue a notice setting the time and place when the attendance
is required and shall cause the notice to be delivered or sent by registered or certified
mail to the person at least fourteen (14) days before the date fixed in the notice
for the attendance. In the event that any person fails to receive or accept notice
by mail or fails to produce information requested, the administrator is empowered
to issue a subpoena in a manner consistent with §â€‚39-1-13.
If any person receiving notice pursuant to this provision neglects to attend or remain
in attendance so long as may be necessary for the purposes which the notice was issued,
or refuses to produce information requested, any justice of the Superior Court for
the county within which the inquiry is carried on or within which the person resides
or transacts business, upon application of either the administrator or the person
subject to the notice, shall have jurisdiction to hear and consider on an expedited
basis the request and if deemed necessary and relevant to the consideration of the
incident at issue, may issue an appropriate order. Any failure to obey the order of
the superior court may be punished by the court as contempt thereof. The administrator
may, after notice and opportunity for a fair and prompt hearing, and a finding that
the person was in whole or in part responsible for the incident based upon clear and
convincing evidence, impose a penalty or fine not in excess of penalties set forth
in §â€‚39-1.2-13.
This section shall not limit or affect any powers conferred upon the administrator
pursuant to this title as such powers relate to public utility companies or agents
thereof.