reglab/statecodes huggingface dataset:
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 5 - PAY TELEPHONE SERVICE STANDARDS › Section 6-82-42 - Required user information at the pay telephone station

Current through June, 2024
A pay telephone service provider shall conspicuously
					 display on, or in the immediate vicinity of, its telephone or telephone
					 equipment, the following information:
(1) A permanent and distinctive
				  identification number of the pay telephone station, which may be the telephone
				  number of the pay phone, that is clearly visible to the customer;
(2) The general operation of the pay
				  telephone;
(3) The name, mailing
				  address, and toll-free business telephone number of the pay telephone service
				  provider;
(4) The name, mailing
				  address, and toll-free business telephone number of the operator service
				  provider preselected to serve the pay telephone;
(5) The telephone number of the pay
				  phone;
(6) The rate charged for a
				  local call;
(7) Coin or money
				  deposit and return information;
(8)
				  That calls can be made at no charge and without the use of a coin for the
				  services listed in § 6-82-29, including 911;
(9) Dialing instructions for the services
				  listed in § 6-82-29;
(10) That
				  911 is the primary emergency telephone number to be used when dialing from the
				  pay telephone;
(11) The name,
				  business address, and toll-free business telephone number of the long distance
				  telecommunications carrier preselected to carry long distance calls from the
				  pay telephone;
(12) That the user
				  may access the long distance carrier of the user's choice (other than the
				  preselected carrier) by dialing that carrier's access code;
(13) The amount of any surcharges or
				  additional charges imposed for the use of the pay telephone by the pay
				  telephone provider or by the owner of the premises where the pay telephone is
				  located;
(14) The toll-free
				  business telephone number to dial to obtain from the preselected operator
				  service provider information on the rates, surcharges, terms, or conditions
				  applicable to operator assisted calls placed from the pay telephone;
(15) A toll-free business telephone number to
				  dial:
(A) To secure a refund for an
				  uncompleted call as provided in § 6-82-30;
(B) To obtain a resolution from the pay
				  telephone provider of a billing or service complaint; or
(C) To file a pay telephone repair request;
				  and
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 6 - PUBLIC INTEREST PAY TELEPHONE › Section 6-82-48 - Public interest pay telephone - defined

Current through June, 2024
"Public interest pay telephone," as used in this
					 subchapter, means a pay telephone that is placed, in the interest of the public
					 health, safety, or welfare, at a location where there would not otherwise be a
					 pay telephone as a result of the operation of the competitive marketplace.
					 "Public interest pay telephone" does not include a pay telephone that
					 is:
(1) Provided for a location
				  provider with whom a pay telephone service provider has a contract;
(2) Located at a place where access by the
				  general public is restricted; or
(3) Located near another pay
				  telephone.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 6 - PUBLIC INTEREST PAY TELEPHONE › Section 6-82-49 - Installation of public interest pay telephone

Current through June, 2024
(a) The
				  commission may, on its own initiative or at the written request of any person,
				  investigate and determine whether it is in the public interest to direct the
				  placement of a public interest pay telephone at or about a particular location.
				  If a written request to the commission for the installation of a public
				  interest pay telephone is made, the original plus eight copies must be filed
				  with the commission. The commission will notify the following persons of the
				  commission's investigation:
(1) The
				  telecommunications carrier or carriers providing telecommunications service to
				  the geographical or exchange area in which the targeted location is
				  situated;
(2) The pay telephone
				  service providers providing pay telephone service in the geographic or exchange
				  area described in paragraph (1); and
(3) The consumer advocate.
Each person receiving notification of the commission's
					 investigation shall, within fifteen days of the notification, file a response
					 to the proposed placement of a public interest pay telephone. The respondent
					 shall indicate in its response whether it has any objection to the placement of
					 a public interest pay telephone at or about the targeted location. The original
					 plus eight copies of the response must be filed with the commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 6 - PUBLIC INTEREST PAY TELEPHONE › Section 6-82-50 - Funding for public interest pay telephone

Current through June, 2024
(a) The
				  telecommunications carrier or pay telephone service provider selected to
				  install and maintain a public interest pay telephone is entitled to recover all
				  costs associated with the installation and maintenance of the public interest
				  pay telephone. It shall be reimbursed for its costs from the universal service
				  fund to the extent it does not recover its costs from payments made to it from
				  the use and operations of the public interest pay telephone.
(b) All pay telephone service providers
				  providing pay telephone service within the State shall contribute towards the
				  cost of providing public interest pay telephone service. The commission shall,
				  by order, from time to time but not less than annually, set the amount of the
				  contribution required to be made on account of public interest pay telephone
				  service by each pay telephone service provider, based on a percentage of the
				  provider's gross operating revenues from the provisioning of pay telephone
				  service in the State during the preceding calendar year; provided that the
				  commission may:
(1) Set a minimum amount to
				  be paid by any provider; and
(2)
				  Periodically review and adjust the percentage or minimum amount, or both, based
				  on the need to provide public interest pay telephone service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 6 - PUBLIC INTEREST PAY TELEPHONE › Section 6-82-51 - Cost verification

Current through June, 2024
The provider of public interest pay telephone service shall
					 file with the commission, from time to time as directed by the commission but
					 not less than annually, a verified accounting of its costs in providing public
					 interest pay telephone service. The commission may prescribe the form on which
					 such verified accounting must be made. All such accounts are subject to audit
					 by an independent certified public accountant selected by the
					 commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 6 - PUBLIC INTEREST PAY TELEPHONE › Section 6-82-52 - User rates for public interest pay telephone

Current through June, 2024
The user rates, terms, and conditions of a public interest
					 pay telephone shall not be greater than the prevailing market user rates,
					 terms, and conditions of other pay telephones in the geographic or exchange
					 area in which the public interest pay telephone is located.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 7 - INSTITUTIONAL PAY TELEPHONE SERVICE › Section 6-82-58 - Institutional pay telephone - defined

Current through June, 2024
"Institutional pay telephone," as used in this subchapter,
					 means a pay telephone located in:
(1)
				  A government or government-contracted correctional facility or center,
				  including a prison or jail, and provided for the convenience and benefits of
				  the inmates (including juveniles) in such facility; or
(2) A psychiatric facility, special treatment
				  facility, or community mental health center, as defined in §
										334-1, HRS, and
				  provided for the convenience and benefit of the patients in such
				  facility.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 7 - INSTITUTIONAL PAY TELEPHONE SERVICE › Section 6-82-59 - Use limitations

Current through June, 2024
(a) Notwithstanding
				  any provision to the contrary in this chapter, upon consultation with the
				  affected facility identified in § 6-82-58 and with the facility's consent,
				  a pay telephone service provider may, consistent with the legal rights of
				  inmates and patients, impose such limitations on the use of its institutional
				  pay telephone and on access to pay telephone features and services as necessary
				  to protect and maintain the security, safety, and general welfare of the
				  facility and its staff, visitors, inmates, and patients.
(b) Consistent with subsection (a), a
				  provider of institutional pay telephone service may:
(1) Limit the use of the pay telephone to
				  outgoing calls, including outgoing collect calls only;
(2) Block access to certain outgoing
				  telephone numbers and calls;
(3)
				  Block incoming calls;
(4) Limit the
				  duration of telephone calls; and
(5) Terminate the connection of telephone
				  calls.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 7 - INSTITUTIONAL PAY TELEPHONE SERVICE › Section 6-82-60 - Institutional pay telephone service - user rates

Current through June, 2024
(a)
				  Unless demonstrated that market failures do not allow for market-based rates, a
				  provider of institutional pay telephone service shall provide its service at
				  the rates and on the terms and conditions as the market may determine. The rate
				  for local calls shall be at a flat fee per call.
(b) The provider shall file tariffs with the
				  commission, setting forth the rates, terms, and conditions of its institutional
				  pay telephone service, as provided in § 6-82-28. The tariffs filed with
				  the commission must include:
(1) Any
				  limitations on the use of the institutional pay telephone and on access to the
				  pay telephone's features and services established pursuant to § 6-82-59;
				  and
(2) The terms of any contract,
				  agreement, standards, or guidelines established and agreed to between the
				  institutional pay telephone service provider and the facility institution in
				  which the institutional pay telephone is situated.
Where it is demonstrated that market failures do not allow
					 for market-based rates, the commission shall determine the rates for
					 institutional pay telephone service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 82 - PAY TELEPHONE SERVICE › Subchapter 7 - INSTITUTIONAL PAY TELEPHONE SERVICE › Section 6-82-61 - Applicability of other pay telephone requirements

Current through June, 2024
Unless clearly inapplicable, all provisions of chapter
					 6-82, subchapters 1 to
					 6, apply to institutional pay
					 telephones and institutional pay telephone service.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 6-83-1 - Purpose of chapter

Current through June, 2024
The purpose of this chapter is to adopt standards for the
					 administration and enforcement of chapter
					 269E, HRS, the Hawaii one call
					 utility notification law for establishment of a one call center system to
					 protect, during excavation activity, all subsurface facilities which include,
					 but are not limited to facilities for the conveyance of water, drainage, sewer,
					 telecommunications, cable television, electricity, oil, petroleum products,
					 gas, optical signals, and traffic control, and for the transportation of
					 hazardous liquids subject to 49 U.S.C. chapter
					 601.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 6-83-2 - Application of additional sources

Current through June, 2024
This chapter shall be read in context with chapter
					 269, HRS, chapter
					 269E, HRS, chapter
					 6-61, HAR, and any other applicable
					 federal law and state law, including any commission rule and
					 order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 1 - GENERAL PROVISIONS › Section 6-83-4 - Severability

Current through June, 2024
If any provision of this chapter, or the application
					 thereof to any person or circumstance, is held to be invalid, such invalidity
					 shall not affect other provisions or applications of this chapter that can be
					 given effect without the invalid provision or application, and to this end the
					 provisions of this chapter are severable.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 2 - ONE CALL CENTER SYSTEM REQUIREMENTS › Section 6-83-21 - Hours of operation

Current through June, 2024
The one call center shall provide for excavator access to
					 the center by telephone, computer, and facsimile twenty-four hours per day,
					 seven days per week, three-hundred sixty-five days per year.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 2 - ONE CALL CENTER SYSTEM REQUIREMENTS › Section 6-83-22 - Statewide toll-free telephone access number; 811

Current through June, 2024
(a) The one call center shall maintain a
				  toll-free statewide telephone number with nationwide access for use by
				  excavators to give notification to .the center of their intent to excavate in
				  the state. The center shall also maintain a toll-free fax number for excavators
				  to access and receive communications from the center.
(b) The center shall also be available to any
				  excavator or operator calling within the state by telephoning 811, as mandated
				  by federal communications commission order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 2 - ONE CALL CENTER SYSTEM REQUIREMENTS › Section 6-83-23 - Verification of data and map submittals

Current through June, 2024
(a) Upon receipt of
				  subsurface facility data or maps from a facility operator new to the system, or
				  upon receipt of such data or maps from a facility operator currently registered
				  with the system, the center shall make any necessary changes to center data and
				  mapping systems regarding that facility operator's subsurface installations as
				  soon as is practicable. The center shall annually provide all operators with
				  hard copy, or electronic maps of their territories such that operators can
				  provide updates regarding such information.
(b) The center shall verify with the facility
				  operator that the changes made by the center accurately reflect, to the
				  facility operator's satisfaction, a submittal of data or maps prior to making
				  the changes available to the users of the system.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 2 - ONE CALL CENTER SYSTEM REQUIREMENTS › Section 6-83-24 - Confidentiality of facility operator data and map submittals

Current through June, 2024
The center shall take all reasonable steps to ensure that
					 data or maps of subsurface facilities submitted by a facility operator to the
					 center are used only for purposes of compliance with chapter
					 269E, HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-40 - Facility operator registration

Current through June, 2024
Each operator of a subsurface facility, as defined in
					 section
					 269E-2, HRS, shall
					 register with the one call center by providing the facility operator business
					 name, street address, mailing address, telephone number, e-mail address, a
					 description of its operations, and all other information requested by the
					 commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-41 - Registration fee

Current through June, 2024
Each subsurface facility operator shall pay to the one
					 call center a fee in an amount to be determined by commission order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-42 - Facility operator subsurface facility information

Current through June, 2024
(a) Pursuant to section
				  269E-5,
				  HRS, and these rules, upon registration with the one call center, each facility
				  operator shall furnish to the center information relating to the facility
				  operator's subsurface installations that the center may use to identify
				  facility operators that are known to have subsurface installations in the area
				  of a proposed excavation.
(b)
				  Facility operators shall not be required to furnish to the center information
				  relating to subsurface installations that are deemed confidential or
				  proprietary. Any facility operator that deems its information regarding all or
				  any portion of its subsurface installations confidential or proprietary must
				  apply for a declaratory ruling from the commission, with notice to all members
				  of the committee, including sufficient information to support its claim that
				  the facilities are confidential or proprietary.
(c) Each facility operator who owns,
				  operates, or maintains a subsurface installation as defined in section
				  269E-2, HRS, and
				  these rules, shall furnish to the center information relating to its subsurface
				  installations in one or more of the following formats:
(1) Hard-copy maps clearly indicating the
				  particular areas in which the facility operator requests to be contacted by the
				  one call center when the center is notified by an excavator that it intends to
				  excavate in a particular area;
(2)
				  Electronic data or software maps compatible with the one call center electronic
				  hardware and software geographic mapping system; or
(3) Any other form or manner of media
				  transferable and acceptable to the one call center for accurate completion of
				  facility operator notification purposes.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-43 - Subsurface facility information updates

Current through June, 2024
(a) Once each year,
				  a subsurface facility operator shall be notified by the center that it should
				  submit updated subsurface installation information to the center in a form
				  compatible with the mapping and data system capabilities of the
				  center.
(b) If the operator's
				  information relating to its subsurface facilities has not changed during the
				  course of the previous calendar year, the operator need not respond to the
				  center request for updates.
(c)
				  Discrepancies in records discovered by excavators and reported to facility
				  operators shall be promptly corrected by the operator and that updated
				  information shall be transmitted to the one call center for its records.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-44 - Facility operator assessments for costs of center administration and operations

Current through June, 2024
(a) Each facility
				  operator shall, at times designated by commission order, submit payment to the
				  commission of its pro-rata share of assessments owed toward the cost of
				  administration and operation of the center.
(b) The commission by order shall establish
				  the method to be used in calculating each facility operator's pro-rata share of
				  each period's assessments for administration and operation of the
				  center.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-45 - Petition for credit toward public utility fee

Current through June, 2024
(a)
				  Pursuant to these rules and section
				  269E-6(f),
				  HRS, each subsurface facility operator that pays public utility fees to the
				  commission pursuant to section
				  269-30,
				  HRS, may petition the commission for approval to apply a portion of its public
				  utility fees as a credit toward its one call center fees.
(b) Any eligible facility operator seeking to
				  apply for the credit of public utility fees toward the one call center fees
				  shall file with the commission, at times, frequencies, and for amounts to be
				  determined by commission order, a letter petitioning for a credit to be applied
				  toward its center fees.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-46 - Response of facility operator upon receipt of notification; positive response

Current through June, 2024
(a) Upon receipt of
				  a notification of proposed excavation from the center, a facility operator
				  shall respond within five working days, as defined by chapter
				  269E, HRS, and these rules, of that
				  notification, or before the start of the excavation work, whichever is later,
				  or at a later time mutually agreeable to the facility operator and the
				  excavator, by:
(1) Advising the excavator
				  that the facility operator does not operate any subsurface installations that
				  may be affected by the excavation;
(2) Advising the excavator of the approximate
				  location of the facility operator's subsurface installations that may be
				  affected by the excavation to the extent and degree of accuracy that the
				  information is available in the records of the facility operator;
(3) Make available to the excavator, for
				  inspection and copying at the excavator's expense, information in that specific
				  facility operator's or agency's records on the approximate location of that
				  specific facility operator's or agency's subsurface installations that may be
				  affected by the excavation to the extent and degree of accuracy that the
				  information is available in that specific facility operator's or agency's
				  records; or
(4) Locating and field
				  marking in conformance with the APWA color code the approximate location and
				  the number of subsurface installations that may be affected by the excavation
				  to the extent and degree of accuracy that the information is available as
				  determined through the use of standard locating techniques or based on the
				  records of the facility operator.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-47 - Facility operator to report excavator failure to mark

Current through June, 2024
Any facility operator responding to a notification from
					 the center as required by section
					 269E-9,
					 HRS, and these rules, that finds that the excavator has not complied with
					 section
					 269E-8,
					 HRS, and these rules, by marking in white spray chalk or other appropriate
					 markings under the circumstances, shall report the failure to respond to the
					 center.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-48 - Training of facility operator's mark-out personnel

Current through June, 2024
Each facility operator, as defined in chapter
					 269E, HRS, and these rules, shall
					 ensure that it has in place and maintains a training program for personnel
					 responsible for marking its subsurface facilities.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 3 - DUTIES OF FACILITY OPERATORS › Section 6-83-49 - Mark-out record retention

Current through June, 2024
(a) Each facility
				  operator shall create and retain a record of mark-outs made for every locate
				  request for a period of five years from the date of the mark-outs.
(b) Mark-out records can be in the form of
				  photograph, written description, diagram or drawing, or any other suitable
				  means of recordation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-61 - Obtaining required permits

Current through June, 2024
(a) An excavator
				  required to obtain one or more permits as provided in section
				  269E-13, HRS,
				  need not obtain the permit or permits prior to notifying the center of a
				  proposed excavation as required by section
				  269E-7,
				  HRS; provided, however, that notifying the center and subsequent receipt of a
				  response by the operator shall not imply that the proposed work has met with
				  the approval of the operator or agency responsible for the issuance of a
				  required permit.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-62 - Marking of proposed excavation site

Current through June, 2024
(a) Every
				  excavator, prior to complying with the notification requirements of section
				  269E-7
				  shall, pursuant to section
				  269E-8,
				  HRS, mark the area of a proposed excavation, identifying the perimeter of the
				  proposed excavation site.
(b) If an
				  excavator determines that excavator marks using white spray chalk might be
				  misleading, reasonably subject to misinterpretation, or duplicative, the
				  excavator shall inform the one call center that pre-marking of the excavation
				  area is identified using flags, stakes, stake chasers, or a combination of any
				  of these, marked with the excavator's name, company abbreviations, or initials,
				  to the extent that it will enable facility operators to determine the area of
				  proposed excavation.
(c) An
				  excavator shall mark, at the very least, only the excavation work that it
				  reasonably expects to accomplish up to the expiration date of the
				  ticket.
(d) Once a facility
				  operator has marked the location of its subsurface facility in the area of a
				  proposed excavation, it shall be the responsibility of the excavator, and any
				  subcontractor, employee or agent of the excavator performing work on behalf of
				  the excavator, to take reasonable care to maintain the operator's marks
				  pursuant to section
				  269E-11,
				  HRS.
(e) If an excavator has failed
				  to pre-mark the area of excavation, the operator need not mark its facilities
				  in that area.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-63 - Notification to one call center prior to excavation

Current through June, 2024
(a) An excavator's notification to the center
				  shall cause the center to generate a unique inquiry identification number,
				  which number shall be given to the excavator and shall appear on the ticket
				  generated and transmitted to appropriate facility operators in response to the
				  request for mark-out.
(b) Included
				  as part of each notification to the center required by this section and chapter
				  269E, HRS, an excavator shall
				  provide the following, at a minimum, in its description of the excavation site:
(1) County of the work site;
(2) Place where the site is
				  located;
(3) Address or description
				  of where the excavation will take place, including but not limited to:
(A) The nearest intersecting
				  street;
(B) Side of the
				  street;
(C) Footages; and
(D) Other tie-in measurements as
				  needed;
(4) The caller's
				  name and telephone number;
(5) The
				  excavator company name, address, and telephone number, and e-mail address, if
				  available; and
(6) The start date
				  and time of the excavation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-64 - Excavator duty of care

Current through June, 2024
As required under section
					 269E-12,
					 HRS, an excavator shall exercise reasonable care whenever conducting excavation
					 work.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-65 - Excavator requests for additional information

Current through June, 2024
(a) If,
				  after making every reasonable effort to locate the subsurface installation, an
				  excavator cannot determine the exact location by hand-digging as set forth in
				  section
				  269E-12,
				  HRS, the excavator shall request that the operator provide additional
				  information, through the center, to aid in locating the subsurface
				  installation, and the operator, within two working days, shall provide any
				  information that is available to the operator to aid the excavator in
				  determining the exact location of the facilities.
(b) If after making every reasonable effort
				  to locate the subsurface installation with the additional information as
				  provided in subsection (a) the excavator still cannot determine the exact
				  location of the subsurface installation by hand excavation, the excavator shall
				  notify the center.
(c) The operator
				  may, after making the reasonable efforts as provided in subsections (a) and
				  (b), then determine the location of the operator's subsurface installation with
				  appropriate hand tools, or allow the excavator to use powered equipment to
				  continue the excavation, with or without on-site supervision by the operator;
				  provided that this subsection shall not be construed as affording the excavator
				  any immunity or protection from claims for damages or injuries relating to the
				  excavation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-66 - Damage to subsurface installation

Current through June, 2024
Any excavator conducting an excavation that results in
					 contact with, unintentional exposure of, or damage to, a subsurface
					 installation shall, before continuing with the excavation work in the immediate
					 area of the subsurface installation:
(1) Immediately call or notify the facility
				  operator of the location, specifying the nature and scope of the damage and
				  proceed to undertake any reasonable measures requested by the operator or
				  dictated by the circumstances surrounding the incident;
(2) Allow a reasonable period of time,
				  consistent with industry practice, for any necessary repairs to be made to the
				  subsurface installation; and
(3) If
				  an emergency situation results, immediately call 911.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-68 - Excavators to notify operators of discrepancies in operator markings

Current through June, 2024
Excavators shall notify any operator whose mark-outs or
					 furnished information regarding their facilities are found not to be within the
					 approximate location of the subsurface installation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 4 - DUTIES OF EXCAVATORS › Section 6-83-69 - Excavator to report operator failure to mark-out subsurface facilities

Current through June, 2024
An excavator shall notify the center whenever a facility
					 operator listed on a ticket fails to mark-out or furnish, or make available
					 appropriate information regarding their subsurface facilities as required by
					 chapter
					 269E, HRS, or these rules.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 5 - EMERGENCY EXCAVATIONS › Section 6-83-80 - Notification; procedures

Current through June, 2024
(a) If necessary to
				  respond to an emergency situation, an excavator may begin an excavation without
				  notifying the center prior to beginning emergency excavation as required by
				  chapter
				  269E, HRS, and these rules, but
				  shall call 911 immediately, and notify the center at the earliest practicable
				  moment under the circumstances.
(b)
				  In notifying the center of excavation or intent to excavate in an emergency
				  situation, the excavator shall specifically identify the dangerous condition
				  involved.
(c) While an excavator
				  who excavates in an emergency situation shall not be liable on that basis for a
				  failure to notify the one call center as required by section
				  269E-7,
				  HRS, and as provided in subsection (a), nothing in this section shall relieve
				  the excavator from liability if:
(1) The
				  excavator damages an underground facility which has been properly marked or
				  which has not been marked; and
(2)
				  The excavation does not qualify as an emergency excavation.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-90 - Enforcement

Current through June, 2024
The commission shall enforce chapter
					 269E, HRS, and these rules.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-91 - Application of this subchapter nonexclusive

Current through June, 2024
Nothing in this subchapter shall be construed as limiting
					 or precluding the commission from using its civil enforcement authority against
					 any person, excavator or operator violating, allegedly violating, or suspected
					 of violating the provisions of chapters
					 269 or
					 269E, HRS, these rules, or any order
					 of the commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-92 - Complaint

Current through June, 2024
(a) Unless ordered or directed otherwise by
				  the commission, any complaint (formal or informal) against any person,
				  excavator, or operator subject to the commission's jurisdiction, alleging a
				  violation of any provision of chapter
				  269E, HRS, these rules, or any order
				  of the commission shall be processed in accordance with chapter
				  6-61, HAR, when not inconsistent with
				  the provisions of chapter
				  269E, HRS.
(b) All matters upon which a complaint may be
				  founded may be joined in one hearing, and no motion shall be entertained
				  against a complaint for misjoinder of causes of action or grievances or
				  misjoinder or nonjoinder of parties.
(c) Whenever the commission is of the opinion
				  that the complaint does not state reasonable grounds for investigation and
				  action on the commission's part, the commission may dismiss the complaint.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-93 - Commission investigation

Current through June, 2024
(a) The commission
				  may at any time investigate any person, excavator or operator for alleged or
				  suspected violations of chapter
				  269E, HRS, these rules, or any order
				  of the commission.
(b) The
				  commission may issue to the respondent an order or notice instituting an
				  investigation that may take the form of an order to show cause. An order to
				  show cause shall require the respondent to appear before the commission on the
				  date and at the time and place specified in the order.
(c) An order to show cause must conform to
				  the notice and service requirements of sections
				  269E-15,
				  91-9,
				  and
				  91-9.5,
				  HRS. The order shall be served upon the respondent and the commission, not less
				  than fifteen days before the time set for the hearing.
(d) The order to show cause may include an
				  order of abatement that requires the respondent to cease and desist from any
				  present or future violations of chapter
				  269E, HRS, these rules, or any order
				  of the commission.
(e) The
				  abatement order may be entered on the commission's initiative or by agreement
				  between the commission and respondent, with or without a finding of a specific
				  violation.
(f) Failure to comply
				  with a commission abatement order is a violation separate from any underlying
				  violation of chapter
				  269E, HRS, these, rules, or any
				  other commission order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-94 - Commission investigation; default

Current through June, 2024
If the respondent fails to appear on the date and at the
					 time and place designated in the order to show cause, the commission may assume
					 that the facts alleged in the order are true, and if the facts establish
					 liability, the commission:
(1) Will
				  issue a final decision and order; and
(2) May impose the maximum amount of
				  penalties and assessments allowed under chapter
				  269E, HRS.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-95 - Civil penalty; payment

Current through June, 2024
(a) The commission
				  shall assess civil penalties in accordance with section
				  269E-14, HRS.
(b) Payment of civil penalty shall be made:
(1) In person, at the commission's Honolulu
				  office; or
(2) By United States
				  mail, postage pre-paid. If payment is by mail, it shall be by certified or
				  registered mail. If payment is made in person, payment shall be by cash (United
				  State's currency only), cashier's check, or money order. If payment is made by
				  United States mail, payment shall be by cashier's check or money order only. No
				  personal checks, business checks, or credit cards will be accepted, regardless
				  of the manner of payment (whether in person, or by United States
				  mail).
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-96 - Final order

Current through June, 2024
The attorney general shall apply to the appropriate court
					 for a judgment to enforce the provisions of any final order of the commission
					 issued pursuant to this subchapter. In any proceeding to enforce the
					 commission's final order, the commission need only:
(1) Show that notice, where required, was
				  given, and that a hearing was held or the time for requesting a hearing expired
				  without such a request; and
(2)
				  Present a certified copy of the final order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-97 - Interim orders

Current through June, 2024
The commission may issue an interim order that temporarily
					 disposes of issues in a civil enforcement proceeding after notice to the
					 respondent. The interim order remains in effect until final commission action,
					 unless otherwise provided in the interim order.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-98 - Settlement of violation

Current through June, 2024
The commission, at its discretion, may enter into
					 discussions or negotiations and reach agreement with a respondent to settle any
					 violation of chapter
					 269E, HRS, or these rules. A
					 settlement agreement is not binding on the commission until it is approved by
					 the commission.
Hawaii Administrative Rules › Title 6 - DEPARTMENT OF BUDGET AND FINANCE › Division - PUBLIC UTILITIES COMMISSION › Chapter 83 - HAWAII ONE CALL CENTER SUBSURFACE INSTALLATION DAMAGE PREVENTION PROGRAM › Subchapter 6 - ENFORCEMENT PROCEDURES › Section 6-83-99 - Informal complaints; form; filing

Current through June, 2024
(a) The State or
				  any county, excavator, or operator may file an informal complaint against any
				  excavator or facility operator subject to chapter
				  269E, HRS.
(b) Informal complaints may be in letter
				  form, or on a form prescribed by the commission. The commission will assign a
				  unique number to each informal complaint.
(c) The informal complaint should state the
				  names of the complainant, the respondent, the date and approximate time of the
				  act or omission, and set forth fully and clearly the facts of the act, or
				  failure to act, complained of. All available supporting papers, including, but
				  not limited to call center records, property damage or medical bills, letters,
				  notices, and photographs, should be submitted at the time of filing the
				  informal complaint, or within such time as the commission may allow, or the
				  complaint may be returned to complainant as incomplete.
(d) The informal complaint should be written
				  so as to fully and completely advise the commission and the respondent in what
				  respects the provisions of chapter
				  269E, HRS, or rules have been, are
				  being, or will be violated and should set forth in plain language the facts
				  claimed to constitute the violation.
(e) An informal complaint should specify the
				  relief sought or desired, such as, but not limited to, requests for
				  compensation, and or damages, from respondent or that respondent should cease
				  and desist from a practice.
(f)
				  Informal complaints shall be filed with the commission by delivering in person,
				  or causing to be delivered by the U.S. mail, the written document required
				  under subsection (a). The informal complaint is deemed filed on the date it is
				  received by the commission. If, in addition to the complaint, supporting
				  documents or photographs are being filed, they shall accompany the informal
				  complaint.
(g) If an informal
				  complaint appears to be susceptible to informal disposition, a copy or a
				  statement of the substance of the complaint may be transmitted by the
				  commission to the respondent in an attempt to have the complaint satisfied by
				  correspondence or conference without the need for a formal complaint.
(h) If a formal complaint is subsequently
				  filed, the commission's processing of the informal complaint shall be
				  discontinued.