North Dakota Code 49-23-03 – Notification center – Participation – Establishment
1. An operator shall participate in and share in the costs of the statewide notification center operated by a vendor selected under this section.
Terms Used In North Dakota Code 49-23-03
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- following: when used by way of reference to a chapter or other part of a statute means the next preceding or next following chapter or other part. See North Dakota Code 1-01-49
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- population: means the number of inhabitants as determined by the last preceding state or federal census. See North Dakota Code 1-01-47
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
2. A person doing business as an excavator or operator under this chapter shall participate in and share in the costs of a statewide notification center on a per-call basis. An operator, installing the operator’s own facilities, may not be charged as an excavator.
3. An operator shall participate in and share the costs of the one-call excavation notice system by:
a. Submitting the information required by the notification center to allow the center to notify the operator of excavation activity; b. Updating the information provided to the notification center on a timely basis; c. Installing and paying for equipment reasonably requested by the notification center to facilitate receipt of notice of excavation from the center; d. Paying the costs charged by the notification center on a timely basis; and
e. Receiving and responding to excavation notices, including emergency notices.
4. A nonprofit corporation, North Dakota one-call, incorporated, shall govern the notification center.
a. The board of directors of North Dakota one-call, incorporated must consist of nine members representing the participants in the center. The members of the board of directors must be chosen and serve for terms as provided in the bylaws of the corporation. One member of the board of directors must be chosen by representatives of each of the following participant groups:
(1) Telecommunications service providers. (2) Gas distribution lines operators.
(3) Oil or gas transmission or gathering lines operators. (4) Electrical transmission and distribution operators.
(5) Rural water systems.
(6) Cities of five thousand or more population.
(7) Cities of fewer than five thousand population. (8) Cable television service providers.
(9) Excavators.
b. The board shall establish a competitive bidding procedure to select a vendor to provide the notification service, establish a procedure by which members of the center share the costs of the center on a fair, reasonable, and nondiscriminatory basis, and do all other things necessary to implement the purpose of the center. Any agreement between the center and a vendor for the notification service may be modified from time to time by the board, and any agreement shall be reviewed by the board at least once every three years, with an opportunity to receive new bids, if desired, by the board. An operator may submit a bid and be selected to contract to provide the notification center service.
c. Members of the board and any of its agents are immune from any liability of any kind based on any acts or omissions in the course of the performance of responsibilities in an official capacity except for bodily injury arising out of accidents caused by or contributed to by the negligence of the board member or agent.
d. The board shall aid the state‘s attorneys of the various counties in the enforcement of this chapter and the prosecution of any violations. The board may institute a civil action for an injunction to enjoin violations of this chapter without proof that anyone suffered actual damages.