reglab/housing_qa huggingface dataset:
MT Code § 69-4-515 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-515. through 69-4-519 reserved

  69-4-515 through 69-4-519 reserved.
MT Code § 69-4-520 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-520. Underground facility protection advisory council

  69-4-520. Underground facility protection advisory council. (1) There is an underground facility protection advisory council consisting of 11 members.   (2) Members must be appointed by the governor as follows:   (a) one member representing owners or operators of an underground facility that is a jurisdictional pipeline in Montana that is not a public utility as defined in 69-3-101;   (b) one member representing a public utility, as defined in 69-3-101, that owns an underground facility that is a jurisdictional pipeline in Montana;   (c) one member representing a public utility, as defined in 69-3-101, that owns an underground facility that is an electric distribution or transmission line in Montana;   (d) one member representing a rural electric cooperative operating in Montana;   (e) one member representing a telecommunications provider with more than 50,000 subscriber lines in Montana;   (f) one member representing a telecommunications provider with less than 50,000 subscriber lines in Montana;   (g) one member representing a municipal sewer or water system or a municipal water supply system established by the governing body of a municipality pursuant to Title 7, chapter 13, parts 42, 43, and 44;   (h) one member representing a local government utility that is a county or consolidated city and county water or sewer district as defined in Title 7, chapter 13, parts 22 and 23;   (i) one member representing an authority as defined in 75-6-304; and   (j) two members representing excavators.   (3) The council's membership may not include more than one representative from the same partnership, firm, joint venture, corporation, association, municipality, governmental unit, department, or agency, including corporate subsidiaries or affiliates.   (4) The council is allocated to the department of labor and industry for administrative purposes only as prescribed in 2-15-121.   (5) The appointed members serve staggered terms of 3 years. The initial appointments are as follows: two members for 1-year terms, four members for 2-year terms, and five members for 3-year terms.   (6) Members of the council are not entitled to compensation for their services.   History: En. Sec. 1, Ch. 326, L. 2017.
MT Code § 69-4-521 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-521. Duties of council

  69-4-521. Duties of council. (1) The council shall meet at least annually to advise the department in its administration of this part.   (2) To promote efficiency, cost-effectiveness, and safety, the council shall work cooperatively with:   (a) the department;   (b) underground facility owners and their representatives;   (c) excavators;   (d) property owners; and   (e) interested members of the public.   (3) The council shall:   (a) advise the department in its duty to collect civil penalties in accordance with 69-4-524 and 69-4-525;   (b) provide recommendations to the department in determining grants awarded in accordance with 69-4-528;   (c) assist the department in the mediation and resolution of disputed civil penalties in accordance with 69-4-526; and   (d) advise the department on other significant matters concerning the administration and enforcement of this part, including rulemaking.   History: En. Sec. 2, Ch. 326, L. 2017.
MT Code § 69-4-522 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-522. Duties of department -- rulemaking

  69-4-522. Duties of department -- rulemaking. (1) The department shall:   (a) assess civil penalties pursuant to 69-4-524 and 69-4-525;   (b) maintain incident reports;   (c) collect fees from underground facility owners in accordance with rules adopted pursuant to 69-4-502(4)(a) and subsection (2)(c) of this section;   (d) collect fines for failures to file incident reports in accordance with 69-4-529;   (e) award grants in accordance with 69-4-528; and   (f) conduct mediation and contested cases regarding disputed civil penalties in accordance with 69-4-526.   (2) The department shall adopt rules to implement this part. Rules must provide for the:   (a) assessment and collection of civil penalties provided for in 69-4-524 and 69-4-525;   (b) reporting and collection of incident reports pursuant to 69-4-529;   (c) collection of annual fees of up to $0.10 per outgoing locate request issued to each individual underground facility owner by a notification center. The fee must be based on the number of outgoing locate requests that an underground facility owner received in the previous 12-month period.   (d) procedures, including but not limited to application and filing requirements for mediation and the review of disputed penalties; and   (e) procedures for grant funding authorized in 69-4-528. The rules for grant funding must include but are not limited to:   (i) eligibility requirements for notification centers applying for grants;   (ii) criteria for awarding grants; and   (iii) reporting procedures for grant recipients.   (3) Rules must be adopted pursuant to the Montana Administrative Procedure Act.   (4) The department may take into account and rely on findings made by a notification center or other nonprofit entities to assist in making determinations necessary for the assessment of a civil penalty.   History: En. Sec. 3, Ch. 326, L. 2017.
MT Code § 69-4-523 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-523. Tort liability for underground facility damage

  69-4-523. Tort liability for underground facility damage. (1) (a) Except as provided in subsection (1)(b), an excavator who damages an underground facility is liable for the entire cost of the repair of the underground facility.   (b) If an underground facility is damaged because an underground facility owner failed to complete a locate in accordance with 69-4-503 or provided an inaccurate locate or marks, the underground facility owner who failed to complete the locate or provided an inaccurate locate or marks is responsible for the entire cost of the repair of the underground facility.   (c) Liability in accordance with this subsection (1) is not a bar to other appropriate civil remedies for damages.   (2) Paying a civil penalty in accordance with this part is not:   (a) an admission of liability; or   (b) a bar to other appropriate civil remedies.   (3) If a person damages an underground facility and there is a release of gas or a hazardous liquid, the person shall call 9-1-1 immediately and request emergency services.   (4) If an excavator damages an underground facility, the excavator shall:   (a) immediately make a 9-1-1 call and request emergency services, if the underground facility is a jurisdictional pipeline and there is a release of gas or a hazardous liquid; and   (b) as soon as practicable, contact the owner of the underground facility. If the excavator is unable to reach the underground facility owner, the excavator shall contact the proper notification center.   (5) This section may not be construed to require the involvement of the department in civil remedies for damages.   History: En. Sec. 4, Ch. 326, L. 2017.
MT Code § 69-4-524 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-524. Underground facilities damage -- excavator civil penalties

  69-4-524. Underground facilities damage -- excavator civil penalties. (1) Except as provided in 69-4-529(3), within 14 days of receiving an incident report in accordance with 69-4-529, the department shall issue a civil penalty in accordance with this section.   (2) Except as provided in subsection (4), if an excavator damages an underground facility that is not a jurisdictional pipeline, the civil penalty is the greater of $50 or twice the amount of the last civil penalty issued to the excavator, not to exceed $10,000.   (3) Except as provided in subsection (4), if an excavator damages an underground facility that is a jurisdictional pipeline, the civil penalty is the greater of $100 or three times the last civil penalty issued to the excavator, not to exceed $25,000.   (4) If the excavator is also the property owner, the penalties are half the amount established in subsections (2) and (3).   (5) (a) For the purposes of this section and subject to subsections (5)(b) and (5)(c), the last civil penalty is the dollar amount of the civil penalty that would have been issued to the excavator under this part based on incidents occurring in the lesser of:   (i) the last 100 requests for a locate made by the excavator; or   (ii) a rolling 12-month period based on the incident date.   (b) If an incident is subject to subsection (2), the civil penalty must be calculated as if all previous incidents were subject to subsection (2).   (c) If an incident is subject to subsection (3), the civil penalty must be calculated as if all previous incidents were subject to subsection (3).   History: En. Sec. 5, Ch. 326, L. 2017.
MT Code § 69-4-525 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-525. Underground facilities damage -- underground facility owner civil penalties

  69-4-525. Underground facilities damage -- underground facility owner civil penalties. (1) Except as provided in 69-4-529(3), within 14 days of receiving an incident report in accordance with subsection (2), the department shall issue a civil penalty in accordance with this section.   (2) If an incident is reported because a locate and mark was not properly completed or if the locate and marks provided were not reasonably accurate for locatable underground facilities, the underground facility owner shall be assessed a civil penalty in accordance with subsections (3) and (4).   (3) Except as provided in subsection (5), if the incident involves an underground facility that is not a jurisdictional pipeline, the civil penalty is the greater of $50 or twice the last civil penalty issued to the underground facility owner, not to exceed $10,000.   (4) Except as provided in subsection (5), if the incident involves an underground facility that is a jurisdictional pipeline, the civil penalty is the greater of $100 or three times the last civil penalty issued to the underground facility owner, not to exceed $25,000.   (5) If an underground facility owner is not a member of a notification center pursuant to 69-4-502(3), the penalties included in subsections (3) and (4) double.   (6) (a) For the purposes of this section and subject to subsections (6)(b) and (6)(c), the last civil penalty is the dollar amount of the civil penalty that would have been issued to the underground facility owner under this part based on incidents occurring in the lesser of:   (i) the last 100 outgoing locate requests made to the underground facility owner; or   (ii) a rolling 12-month period based on the incident date.   (b) If an incident is subject to subsection (3), the civil penalty must be calculated as if all previous incidents were subject to subsection (3).   (c) If an incident is subject to subsection (4), the civil penalty must be calculated as if all previous incidents were subject to subsection (4).   History: En. Sec. 6, Ch. 326, L. 2017.
MT Code § 69-4-526 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-526. Civil penalty -- mediation -- contested case hearing -- procedures

  69-4-526. Civil penalty -- mediation -- contested case hearing -- procedures. (1) An excavator or underground facility owner who receives a civil penalty in accordance with 69-4-524 or 69-4-525 may request a review of the penalty in accordance with this section.   (2) (a) If an excavator or underground facility owner disputes a civil penalty, prior to a contested case the department, in consultation with the advisory council, shall conduct mediation of the disputed penalty in accordance with rules established by the department.   (b) The request must be filed within 20 days after the department issues a civil penalty.   (3) (a) If mediation in accordance with subsection (2) does not resolve the dispute, the request must proceed through the contested case process before the department pursuant to the Montana Administrative Procedure Act.   (b) The request must be filed within 20 days after the mediation report is mailed by the department.   (c) The department shall issue a final decision within 90 days from the close of the contested case.   (4) The department shall issue determinations in writing and provide a copy to all parties named in the dispute.   History: En. Sec. 7, Ch. 326, L. 2017.
MT Code § 69-4-527 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-527. Underground facility protection account -- statutory appropriation

  69-4-527. Underground facility protection account -- statutory appropriation. (1) There is an underground facility protection account in the state special revenue fund. The account is statutorily appropriated, as provided in 17-7-502, to the department.   (2) There must be deposited in the account all revenue from:   (a) civil penalties collected pursuant to 69-4-524 and 69-4-525;   (b) fines collected pursuant to 69-4-529 or 69-4-530;   (c) fees collected pursuant to 69-4-502(4); and   (d) any gifts, grants, donations, or bequests to the department.   (3) Funds are allocated as follows:   (a) fees collected pursuant to 69-4-502(4) and paid by underground facility owners and any gifts, grants, donations, or bequests must be deposited in an account for the administration of this part by the department in accordance with this part; and   (b) all revenue from civil penalties collected pursuant to 69-4-524 and 69-4-525 and fines collected pursuant to 69-4-529 or 69-4-530 must be deposited in an account for distribution in the form of grants to notification centers to be used in accordance with 69-4-528.   (4) The accounts established in subsection (3) retain interest earned from the investment of money in the accounts.   History: En. Sec. 8, Ch. 326, L. 2017.
MT Code § 69-4-528 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-528. Notification center grants

  69-4-528. Notification center grants. (1) The department, in consultation with the council, shall award grants annually to notification centers using the account established pursuant to 69-4-527(3)(b). Beginning January 1, 2018, grants must be awarded to notification centers in accordance with this section and rules adopted by the department in accordance with 69-4-522.   (2) Grants must be awarded to notification centers to fund training and educational programs and materials for excavators, underground facility owners, and the general public.   (3) Nothing in this section prevents a notification center from:   (a) transferring grant money received to another entity for nonprofit underground facility education programs; or   (b) collaborating with another notification center on a joint grant application.   History: En. Sec. 9, Ch. 326, L. 2017.
MT Code § 69-4-529 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-529. Incident reports -- notification of damage -- fines

  69-4-529. Incident reports -- notification of damage -- fines. (1) (a) Within 30 days of an incident, an underground facility owner who owns an underground facility that is damaged shall:   (i) report the incident to the appropriate notification center; and   (ii) notify the excavator involved in the incident that the incident has been reported in accordance with subsection (1)(a)(i).   (b) A notification center that receives a report in accordance with subsection (1)(a) shall notify the department.   (2) When the information is available, the incident report must include:   (a) the name, address, and telephone number of the excavator responsible for the incident or the underground facility owner responsible for the damage;   (b) a description of the damage to the underground facility;   (c) a description of the incident, including whether it resulted in real or personal property damage, personal injury, or death;   (d) the name, address, and telephone number of any third party involved in the incident; and   (e) a description of any damage incurred by the excavator, including personal injury or death.   (3) After an incident is reported in accordance with subsection (1) and if the underground facility that is damaged is not a jurisdictional pipeline, if an underground facility owner determines that a civil penalty is not required, the underground facility owner shall provide notice of the determination to the department within 30 days of the date that the incident report was filed.   (4) (a) Except as provided in subsection (4)(b), the incident report must be available for public inquiry.   (b) The department may not make public any personal information protected by an individual privacy interest.   (5) If an underground facility owner fails to file an incident report in accordance with this section, the department shall assess a $100 fine.   (6) If an underground facility owner determines that damage to an underground facility that is not a jurisdictional pipeline is an event and not an incident, reporting and notification in accordance with subsection (1) is not required.   (7) An underground facility owner who receives a fine may contest the fine by requesting, within 20 days of the fine being levied, a hearing from the department.   (8) Beginning July 1, 2017, the department shall maintain a database of incident reports. Incident reports must be maintained for a minimum of 5 years.   History: En. Sec. 10, Ch. 326, L. 2017.
MT Code § 69-4-530 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 5. Excavations Near Underground Facilities|69-4-530. Collection of penalties, fines, and fees

  69-4-530. Collection of penalties, fines, and fees. (1) If the department is unable to collect civil penalties, fees, or fines assessed pursuant to this part, the department may transfer the debt to the department of revenue pursuant to Title 17, chapter 4, part 1.   (2) (a) The assistance costs charged the department by the department of revenue pursuant to 17-4-103(3) may be added to the debt for which collection is being sought.   (b) All money collected by the department of revenue is subject to the provisions of 17-4-106.   History: En. Sec. 11, Ch. 326, L. 2017.
MT Code § 69-4-601 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 6. Movement of Structures|69-4-601. Movement of structures and interference with wires -- notice required

  69-4-601. Movement of structures and interference with wires -- notice required. No person, firm, or corporation moving, hauling, or transporting any house, building, derrick, or other structure shall cut, move, raise, or in any manner interfere with an electric light or electric power wire or poles or with telephone or telegraph wires, cables, messenger wires, guy wires, or poles without giving notice to the owner or agent of said wires or poles, as hereinafter provided.   History: En. Sec. 1, Ch. 55, L. 1929; re-en. Sec. 2711.1, R.C.M. 1935; amd. Sec. 1, Ch. 174, L. 1937; amd. Sec. 14, Ch. 137, L. 1941; R.C.M. 1947, 24-136.
MT Code § 69-4-602 (2021)
2021 Montana Code Annotated|Title 69. Public Utilities and Carriers|Chapter 4. Utility Lines and Facilities|Part 6. Movement of Structures|69-4-602. Notice of move -- cost estimate

  69-4-602. Notice of move -- cost estimate. (1) The person, firm, or corporation moving a house, building, derrick, or other structure shall give the person, firm, or corporation owning or controlling the wires, cables, or poles affected by the movement of a structure, at both the person's, firm's, or corporation's principal office and nearest office within the state, not less than 10 days' written notice of the proposed time and place of moving a structure.   (2) The owner of the wires, cables, or poles shall give the mover a written estimate of the total cost of all work related to cutting or raising the wires or cables or moving the poles, including travel time, at least 3 days prior to the move or within 10 days after receipt of the written notice of the move, whichever time comes sooner.   (3) The estimate of the total cost required under this section must be developed in accordance with the cost schedule filed as provided in subsection (4).   (4) A public utility, cable television company, or unregulated telecommunications provider with wires, cables, or poles in Montana shall file with the commission, by April 1 of each year, an application for approval of a cost schedule for labor and equipment for all work related to cutting or raising wires or cables or moving poles. The cost schedule is effective on a temporary basis, subject to a rebate and a surcharge as provided in 69-3-304, 30 days after the filing of a cost schedule and pending a final order of the commission, unless the commission first determines that the cost schedule is above cost.   History: En. Sec. 2, Ch. 55, L. 1929; re-en. Sec. 2711.2, R.C.M. 1935; R.C.M. 1947, 24-137; amd. Sec. 1, Ch. 442, L. 1983; amd. Sec. 1, Ch. 359, L. 2003.