Section 1230-01-02-.04 - AUTHORIZED ACTIONS BY INVESTIGATIVE STAFF(1) If, during the course of an investigation, Investigative Staff identifies a person, in addition to, or in the alternative to the Respondent of a filed Complaint who may be responsible for the violation alleged in the Complaint. In such instance, Investigative Staff shall issue a Notice of Alleged Violation ("NAV") to such person.(2) The Investigative Staff may issue a citation, as directed by the Executive Committee.(3) In matters where the root cause alleged is failure to give notice to the one-call service prior to excavation as required by T.C.A. § 65-31-106, the Executive Committee may authorize the Investigative Staff to issue a citation to the Respondent if the investigation finds uncontroverted evidence of such root cause, and further finds that the violation would be a first violation for the Respondent. In the alternative, Investigative Staff may present such matters to the Executive Committee for collective consideration. The Executive Committee may remove any individual matter presented for collective consideration to be considered on an individual basis.Tenn. Comp. R. & Regs. 1230-01-02-.04
New rules filed June 8, 2021; effective 9/6/2021.Authority: T.C.A. §§ 65-31-112, 65-31-114(f)(1), 65-31-115, and 65-31-116.
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