Tennessee § 65-31-115 - Powers and duties of board.

§ 65-31-115. Powers and duties of board.

The board has the power and authority to: Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the conduct of the affairs of the board; Adopt a seal for the board, prescribe the style of the seal, and alter the seal at the board's pleasure; and Make and enter into contracts. The board shall: Through its executive committee, initiate investigations and conduct hearings as required by § 65-31-116; Meet a minimum of two (2) times per calendar year; Examine data regarding underground utility damage and make recommendations to the general assembly for further updates to this chapter; Manage the underground damage prevention fund created by § 65-31-117; Assess its annual operating cost to operators in an amount equal to the amount necessary to offset the cost of investigative and administrative services performed by the Tennessee public utility commission at the direction of the board. The annual operating costs shall be apportioned in a proportional manner and collected by the one-call service from the operators; and Subject to the availability of funding in the underground damage prevention fund created by § 65-31-117, contract with appropriate entities or agencies to conduct training and public awareness for damage prevention. Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the board. The board's chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (c)(1). The executive committee shall review the reasonableness of fees and any subsequent changes to the fees charged to violators by the board's designated provider of compliance training ordered pursuant to § 65-31-112. Acts 2015, ch. 488, § 8; 2017, ch. 94, § 65; 2017, ch. 117, § 3; 2018, ch. 716, § 4. Amendments. The 2017 amendment by ch. 94 substituted “Tennessee public utility commission” for “Tennessee regulatory authority” in (b)(5). The 2017 amendment by ch. 117 added (c). The 2018 amendment added (d). Effective Dates. Acts 2015, ch. 488, § 10. May 20, 2015. Acts 2017, ch. 94, § 83. April 4, 2017. Acts 2017, ch. 117, § 4. April 12, 2017. Acts 2018, ch. 716, § 11. April 12, 2018. Attorney General Opinions. The members of the Underground Utility Damage Enforcement Board may receive reimbursement for travel expenses or per diem for travel and incidental expenses incurred in attending Board and executive committee meetings. The Board may include in its “annual operating cost” expense reimbursements and per diem allowances. It must adhere to the quorum requirements of T.C.A. § 8-44-108(b)(1) but may, under appropriate circumstances, invoke the “necessity” provisions, which allow for a quorum by electronic or other means when there is a demonstrable necessity. OAG 16-25, 2016 Tenn. AG LEXIS 25 (7/15/2016).