West Virginia Code of State Rules Agency 214 - Underground Facilities Damage Prevention Board
Here’s a clear summary of Agency 214: Underground Facilities Damage Prevention Board under West Virginia’s Code of State Rules:
📋 Structure of Agency 214 (Title 214 – Procedural Rules)
✅ Series 214‑01: Board Meetings, Organization, and Operation
Covers procedural rules on meetings (regular, special, emergency), open records, minutes, executive sessions, definitions, and parliamentary procedure (law.cornell.edu).
Effective as of July 30, 2020 (law.cornell.edu).
🧾 Series 214‑02: Rules for Complaints & Contested Cases
Establishes:
Scope, filing, and effective dates (“Scope,” “Authority,” “Filing Date: June 1, 2023 / Effective Date: July 1, 2023”) .
Complaint‑handling procedures, informal dispositions, formal hearings, and jurisdictional reach (law.cornell.edu).
⚖️ Statutory Basis – WV Code § 24C‑1‑2a
This statute, part of Chapter 24C (Underground Facilities Damage Prevention), establishes:
Board Creation & Purpose
Created to enforce provisions of Chapter 24C (code.wvlegislature.gov, codes.findlaw.com).
Funding Mechanism
Civil penalties are retained by the board, not redirected to the General Fund (code.wvlegislature.gov).
Board Authority
Authority to investigate underground facility damage by excavators (code.wvlegislature.gov).
Can consult with the Public Service Commission and reimburse it for investigative costs; must share annual reports (code.wvlegislature.gov).
Composition & Terms
10 voting members appointed by Governor for 4‑year terms. Includes representatives from Miss Utility WV, excavation, resource extraction, municipal league, rural water, natural gas, electric/cable, water/wastewater, general public, and the Chair of PSC (code.wvlegislature.gov).
Meetings & Quorum
Minimum 2 meetings/year, quorum of six members, and majority vote for action (codes.findlaw.com).
Board may meet electronically .
Liability & Compensation
Members are immune from liability (unless willful misconduct). Serve without pay or expense reimbursement; sponsoring organizations may compensate their representatives (code.wvlegislature.gov).
Board Officers
Board elects officers (including Chair) biennially (code.wvlegislature.gov).
🔍 Purpose & Function
The Board enforces the “Dig Law” (WV Code § 24C‑1‑1 et seq.), managing compliance with one‑call notification processes to prevent underground facility damage (wvdpb.com).
Procedures enable oversight of complaints, hearings, and enforcement of civil penalties and training requirements.
📚 Key Resources
Administrative Code (meetings & complaint procedures):
Series 214‑01 & 214‑02 (via WV SOS and Law.Cornell) (apps.sos.wv.gov).
Statutory Authority:
WV Code § 24C‑1‑2a defines board powers, structure, and procedures (code.wvlegislature.gov).
✅ Next Steps
If you're looking for:
Full procedural text - check Series 214‑01 and 214‑02 PDFs from WV SOS.
Statutory language - review WV Code § 24C‑1‑2a, available via WV Legislature and FindLaw.
Recent updates - WV SOS site shows latest filings and effective dates.
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