Ala. Admin. Code r. 910-X-4-.02

Current through Register Vol. 43, No. 1, October 31, 2024

Section 910-X-4-.02 - Liabilities Of Penalty Provisions

(1) Enforcement actions do not affect any civil remedies for personal injury or property damage or criminal sanctions except as otherwise specifically provided for in Code of Ala. 1975, § 37-15-1, et seq.

(2) Evidence of findings of fact, civil penalties or any of the actions or proceedings shall not be admissible in any other civil causes of actions related to the excavation or damage for which the penalty or fine was issued, however, these materials are discoverable in civil actions arising from the facts herein. The Authority decision shall not limit any person's right to purse any additional civil remedy otherwise allowed by law.

(3) No civil penalty may be imposed against an excavator or operator who violates any provisions of Code of Ala. 1975, § 37-15-1, et seq., if the violation occurred while the excavator or operator was responding to an emergency. Notwithstanding the foregoing, the civil penalty shall be imposed if the violation was willful or malicious.

(4)Code of Ala. 1975, § 37-15-1, et seq., shall not be construed to limit any provision of law granting governmental immunity to state or local entities or to impose any liability or duty of care not otherwise imposed by law upon any state or local entity.

(5) Any person who willfully or maliciously removes or otherwise destroys a marking used by an operator to mark the location of any underground facility, except in the ordinary course of excavation, is guilty of a Class C misdemeanor.

Ala. Admin. Code r. 910-X-4-.02

Adopted by Alabama Administrative Monthly Volume XXXVIII, Issue No. 12, September 30, 2020, eff. 11/14/2020.

Author: Underground Damage Prevention Authority

Statutory Authority:Code of Ala. 1975, § 37-15-10.