155 Neb. Admin. Code, ch. 2, § 008

Current through September 17, 2024
Section 155-2-008 - Board of Directors
008.01. Appointment
008.01A. A board of directors, appointed by the State Fire Marshal, shall oversee operation of the center.
008.01B. The State Fire Marshal shall develop and publish an application form for appointment to the One Call Board of Directors. This form shall be published on the State Fire Marshal website.
008.02. Qualifications
008.02A. To be appointed as a board member an applicant must have at least three (3) years' experience in one of the following: (a) using the One Call System in the area of excavating or facility operations or (b) work in the area of damage prevention to underground utilities.
008.02B. An applicant must be currently employed in the category for which he/she applies.
008.03. Composition
008.03A. The board shall be composed of 22 18 voting members representing the following:
008.03A1. Three members representing municipally-owned utilities;
008.03A2. Two members representing public power districts with more than forty million dollars in gross revenue.
008.03A3. Two members representing public power districts with less than forty million dollars in gross revenue.
008.03A4. Three members representing telecommunications companies;
008.03A5. Two members representing natural gas distribution companies;
008.03A6. Two members representing transmission pipeline companies;
008.03A7. Four members representing excavators, with one member specializing in trenchless excavation activities and one member representing county governments.
008.03B. The State Fire Marshal or his/her designee shall be a non-voting, technical advisor to the Board.
008.04. Retention
008.04A. Board member terms shall be four years, and shall be staggered so that one-half of the board positions become vacant every two years. One-half of the initial board appointments shall be for two years. Any vacancy on the board. including those created by expiration of any term, shall be filled by the State Fire Marshal.
008.04B. Board members must be active and attend board meetings and educational/outreach activities. Each member shall be required to attend at least two educational/outreach activities during his/her appointed term. Each member shall be allowed no more than three (3) excused absences and no more than two (2) unexcused absences from Board meetings per term. An absence shall be considered unexcused if no contact is made with the Board President prior to the meeting. This contact should explain the reason(s) for missing the board meeting.
008.04C. Any more than (two) 2 unexcused absences per term shall result in removal from the board. If any board member receives more than two (2) unexcused absences the Board President shall notify the State Fire Marshal. The notification shall include the name of the board member and the dates of the unexcused absences.
008.04D. The State Fire Marshal shall remove any board member who has more absences than those allowed in 008.04B.
008.04E. The State Fire Marshal shall remove any board member when just cause for such removal is demonstrated in writing to the board member.
008.04F. Any person removed from the board shall have the right to appeal such removal at an administrative hearing. Any person receiving a notice of removal may send a written request for a hearing to State Fire Marshal Agency main office. Any administrative hearing must be conducted in accordance with the Administrative Procedure Act, Neb. Rev. Stat. § 84-901, et seq.

155 Neb. Admin. Code, ch. 2, § 008

Amended effective 8/13/2019