Idaho Administrative Code › Title IDAPA 24 - Occupational and Professional Licenses, Division of › Rule 24.39.90 - RULES GOVERNING THE DAMAGE PREVENTION BOARD › Section 24.39.90.018 - DAMAGE PREVENTION COMPLAINTS

Current through August 31, 2023
01.
Complaint
			 Forms
. Persons may submit written complaints to the administrator
			 regarding an alleged violation of Title 55, Chapter 22, Idaho Code, on such
			 forms as required by the Division. Notice of the complaint may be served
			 concurrently on the alleged violator by the person submitting the complaint.
			 Verifiable proof of such notification of a complaint provided to the alleged
			 violator must also be provided to the administrator. (3-28-23)
02.
Contents
. Complaints must
			 include the name and address of the complainant and the alleged violator, the
			 date and location of the alleged violation, as well as a complete description
			 of the nature of the violation alleged, including whether it resulted in damage
			 to an underground facility or an excavator downtime event. Complainants may
			 also provide additional documentation in support of a complaint. Complaints
			 must be accompanied by a sworn declaration from the complainant declaring that
			 the information contained therein is true and accurate. The administrator may
			 request additional information or documents in support of the complaint.
			 (3-28-23)
03.
Complaint
			 Procedures and Timelines
. The following timelines and procedure govern
			 the process of filing and administering complaints related to violations of
			 Title 55, Chapter 22, Idaho Code, and the rules of the Board. (3-28-23)
a. Initial Filing. Complaints must be filed
			 with the administrator not later than thirty (30) days from the date of the
			 alleged violation giving rise to the complaint or from the date the violation
			 should have reasonably been discovered by the complainant, whichever is later.
			 (3-28-23)
b. Response. The
			 administrator must notify the alleged violator of the complaint and request a
			 response and any additional information from the alleged violator as may be
			 necessary. The alleged violator may provide a response to the administrator
			 within thirty (30) days from the date they are notified of the complaint by the
			 administrator. (3-28-23)
c.
			 Recommendation. Within thirty (30) days of receipt of the response, or if no
			 response is received, within fifteen (15) days from the deadline for filing a
			 response, the administrator must notify the complainant and the alleged
			 violator of his recommended course of action. The administrator may extend the
			 period of time in which to determine a recommended course of action, and so
			 notify the parties, if he determines it is necessary to further review or
			 investigate the complaint. (3-28-23)
d. Contest. The alleged violator has the
			 right to contest the imposition of a civil penalty before the damage prevention
			 board. Notice of such contest must be provided by the alleged violator not more
			 than thirty (30) days after receipt of the administrator's recommended course
			 of action. Recommendations of the administrator regarding complaints may be
			 reviewed by the board at its next regularly scheduled meeting.
			 (3-28-23)