Terms Used In Louisiana Revised Statutes 40:1749.18

  • Damage: means any defacing, scraping, gouging, breaking, cutting, or displacement of, impact upon or removal of an underground facility or utility or its means of primary support. See Louisiana Revised Statutes 40:1749.12
  • Emergency: means any crisis situation which poses an imminent threat or danger to life, health, or property, which requires immediate action, if such action is taken. See Louisiana Revised Statutes 40:1749.12
  • Regional notification center: means any one of the following:

                (a) An entity designated as nonprofit by the Internal Revenue Service under Section 501(c) of the Internal Revenue Code and which is organized to protect its members from damage and is certified by the Department of Public Safety and Corrections in accordance with this Part. See Louisiana Revised Statutes 40:1749.12

            A. The Department of Public Safety and Corrections shall promulgate rules and regulations in accordance with the Administrative Procedure Act to establish a certification program for regional notification centers in this state.

            B. For the purposes of promoting cost effectiveness, ease of use, safety, and the protection of property, workmen, and citizens from damage, injury, and death, the rules and regulations shall include but not be limited to requirements that any regional notification center, that is either certified or that applies for certification pursuant to the provisions of this Chapter, shall have and maintain the following:

            (1) Ability to accept and timely process and locate requests as required by law, including providing of ticket numbers, copies of tickets, notifications, and other procedures and information.

            (2) Ability to accept and timely process short notice, priority, and emergency locate requests.

            (3) Voice recording of all incoming calls and retention of voice tapes for at least three years.

            (4)(a) Specifically defined geopolitical services areas that are coterminous with parish boundaries and do not overlap any other defined service area.

            (b) The provisions of this Paragraph shall apply only to those regional notification centers described in La. Rev. Stat. 40:1749.12(13)(a).

            (5) Any other requirements that may be necessary for a regional notification center to properly perform the duties and functions required under this Part.

            C. The department shall include in the rules and regulations procedures for certification by the department and may charge a fee for the certification process, not to exceed two thousand five hundred dollars. The rules and regulations required by this Section shall be promulgated by the department within six months after June 29, 1999.

            D. An entity operating in this state as an authorized regional notification center prior to and upon June 29, 1999, shall have six months from the date of final adoption of the rules and regulations required by this Section to seek and obtain compliance certification from the Department of Public Safety and Corrections. Failure to obtain such certification shall result in the cessation of activities by the regional notification center.

            E. An entity not operating in this state as an authorized regional notification center prior to and upon June 29, 1999, shall obtain compliance certification from the Department of Public Safety and Corrections prior to performing the operations of a regional notification center in or for this state.

            Acts 1988, No. 923, §1; Acts 1999, No. 506, §1, eff. June 29, 1999; Acts 2016, No. 85, §1, eff. May 11, 2016.

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