Rule 672-19-.03 - Definitions(1)General. For the purpose of these rules, the following words shall have the meaning as contained herein unless the context does not permit such meaning. Terms not defined in these rules but defined in O.C.G.A. § 32-1-3et seq., shall have the meanings contained therein. Terms not defined in these rules, nor in O.C.G.A. § 32-1-3et seq., shall have ascribed to them the ordinary accepted meanings such as the context may imply.(2)Definitions. The following terms and definitions shall be used: (a) "Contractor": Department's prime contractor for projects awarded by GDOT.(b) "Damages" (as pertain to Mediation): The actual cost that covers injury or economic loss due to documented damages resulting solely from failure on the part of the Utility to comply with requirements of the submitted and approved Work Plan under the control of the Utility.(c) "Delay Cost": Cost incurred by the Contractor and approved by the Department which is caused by or which grow out of the failure of the Utility owner to carry out and complete its work in accordance with the approved Work Plan or in a timely and reasonable manner if a Work Plan or revised Work Plan was not submitted.(d) "Department": The Georgia Department of Transportation (GDOT).(e) "Designee": The individual or company to whom the Department delegates certain authority for the administration of the mediation process.(f) "Escalation Process": The process which raises an issue, action or concern to successive levels of Departmental management for resolution.(g) "List of Qualified Mediators": List of mediators compiled, maintained, or approved by the Department.(h) "Mediation": A process of dispute resolution to be employed by the Department and Utility to resolve conflicts.(i) "Mediation Board": A three-person board created by the authority of O.C.G.A. § 32-6-171 to resolve disputes between the Parties.(j) "Notice of Potential Dispute": A written notification to the Utility that starts the Escalation Process.(k) "Party": The Department, or the Utility, or the Contractor.(l) "Petition for Mediation": A written notification to the Parties that starts the Mediation.(m) "Petitioner": The Department or Utility who initiates the Mediation.(n) "Utility": Any privately, publicly or cooperatively owned line, facility, or system for producing, transmitting or distributing communications, cable television, power, electricity, light, heat, gas, oil products, water, steam, clay, waste, storm water not connected with highway drainage, and other similar services and commodities, including river gages, fire and police signals, traffic control devices, and street lighting systems, which directly or indirectly serve the public. The term "utility" may also be used to refer to the owner of any above described utility or utility facility.(o) "Work Day": A calendar day exclusive of Saturday, Sunday, and legal state holidays.(p) "Work Plan": The relocation plans and the adjustment schedule submitted by each utility facility owner who has facilities that are required to be relocated or adjusted to accommodate the project construction.Ga. Comp. R. & Regs. R. 672-19-.03
Authority O.C.G.A. Secs. 32-2-2, 32-2-81, 50-13-4.
Original Rule entitled "Definitions" adopted. F. Dec. 18, 2007; eff. Jan. 7, 2008.