(a) The board shall investigate possible violations of this article.

(b) The board may investigate reports of incident events, as defined in paragraph (1) of subdivision (h) of Section 4216.6, and complaints from affected parties and members of the public.

Terms Used In California Government Code 4216.19

  • Board: means the California Underground Facilities Safe Excavation Board, also known as the "Dig Safe Board. See California Government Code 4216
  • excavator: means any person, firm, contractor or subcontractor, owner, operator, utility, association, corporation, partnership, business trust, public agency, or other entity that, with their own employees or equipment, performs any excavation. See California Government Code 4216
  • Local agency: means a city, county, city and county, school district, or special district. See California Government Code 4216
  • Operator: means any person, corporation, partnership, business trust, public agency, or other entity that owns, operates, or maintains a subsurface installation. See California Government Code 4216
  • State: means the State of California, unless applied to the different parts of the United States. See California Government Code 18
  • Subdivision: means a subdivision of the section in which the term occurs unless some other section is expressly mentioned. See California Government Code 10

(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.

(Amended by Stats. 2018, Ch. 51, Sec. 8. (SB 854) Effective June 27, 2018.)

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