045-5 Wyo. Code R. § 5-12

Current through April 27, 2019

Section 5-12 - Cause for Removal or Suspension of a License

(a) Removal.

(i) The Department may require removal of a facility when the installation deviates more than two feet horizontally an/or was installed at a shallower depth than approved by the District and thereby causes an unnecessary encumbrance on the operation, maintenance and safety of the highway and the right-of-way.

(ii) If such a removal is necessary in the best engineering judgement of the District, the utility shall be notified by the District of the remedial measures to be taken and the time frame in which the removal will be accomplished. This notification should be sent by Registered Mail.

(iii) Failure by the utility to respond will be prosecuted in accordance with the due process procedures and provisions of the Wyoming Administrative Procedures Act.

(b) Suspension of a License

(i) The Department may suspend a license, for the same violations listed above, when the utility installed facility does not cause an immediate hindrance to operations, maintenance, and safety of the highway and its right-of-way, but is not in compliance with the license.

(ii) The utility will be notified by the District in writing that the facility is not in compliance with the approved license and exhibit and that the utility is required to file an amended exhibit showing the actual location of the facility.
Failure to respond by the utility within the time frame set by the District will cause all other submitted requests for licenses to be held in suspension until the amended exhibits have been received.

(iii) WHD District personnel may suspend a license and stop further construction on a utility project in progress if the utility's practices are in violation of the Department's safety requirements and/or create a hazard to the public.
The utility and/or its contractor will be allowed to continue with construction only after the safety violations have been corrected.

045-5 Wyo. Code R. § 5-12