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3781.38 (Effective 3/23/2015) Member immunity.

Every member of the underground technical committee shall be immune, individually and jointly, from civil liability for any act or omission done or made in performance of the member's duties while serving as a member of the committee, but only in the absence of willful misconduct.

 

Added by 130th General Assembly File No. TBD, SB 378, §1, eff. 3/23/2015.

(A) The public utilities commission has exclusive jurisdiction to enforce, in accordance with Chapter 4913. of the Revised Code, section 153.64 , divisions (A) and (B) of section 3781.26 , sections 3781.27 and 3781.28 to 3781.32 , and Chapter 4913. of the Revised Code.

 

(B) The commission's enforcement authority described in division (A) of this section is limited to actions specifically authorized by Chapter 4913. of the Revised Code.

 

(C) Nothing in this section or Chapter 4913. of the Revised Code gives the commission or the underground technical committee, created under section 3781.34 of the Revised Code, the authority to determine the civil liability of any person for any compliance failure as that term is defined in section 4913.01 of the Revised Code.

 

Added by 130th General Assembly File No. TBD, SB 378, §1, eff. 3/23/2015.

title="4913.01 (Effective 3/23/2015) Definitions." As used in this chapter:

 

(A) "Aggrieved person" means a person with duties and obligations under sections 153.64 , 3781.27 , and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code and who is directly involved with or impacted by the alleged compliance failure, as identified in the request for inquiry, of another person with duties and obligations under sections 153.64 , 3781.27 , and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code.

 

(B) "Compliance failure" means a failure to comply with any provision of sections 153.64 , 3781.27 , and 3781.28 to 3781.32 of the Revised Code and divisions (A) and (B) of section 3781.26 of the Revised Code.

 

(C) "Designer," "developer," "excavation," "excavator," "one-call notification system," "person," "protection service," "underground utility facility", and "utility" have the same meanings as in section 3781.25 of the Revised Code.

 

Added by 130th General Assembly File No. TBD, SB 378, §1, eff. 3/23/2015.

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