West Virginia Code of State Rules Agency 214 - Underground Facilities Damage Prevention Board
West Virginia Code of State Rules
Agency 214 – Underground Facilities Damage Prevention Board
Detailed Explanation with Case-Law Context
1. Overview of Agency 214 – Underground Facilities Damage Prevention Board
Agency 214 of the West Virginia Code of State Rules (CSR) governs the Underground Facilities Damage Prevention Board (UFD Board).
The Board’s primary role is to protect underground utility infrastructure—such as water lines, gas pipelines, electric cables, and telecommunications lines—from accidental damage during excavation or construction activities.
The Board operates under West Virginia Code Chapter 24, Article 7A, also known as the West Virginia Underground Utility Damage Prevention Act, which establishes:
A statewide “call before you dig” system
Mandatory notification procedures prior to excavation
Enforcement powers to prevent and penalize damages
Legal significance: The Board enforces statutory and administrative requirements aimed at protecting both public safety and utility infrastructure.
2. Purpose of Agency 214
The rules in Agency 214 exist to:
Reduce damage to underground utilities and minimize service disruptions.
Promote public safety by preventing excavation-related accidents, including electrocutions, gas leaks, and flooding.
Define the responsibilities of excavators, facility operators, and other stakeholders.
Establish procedures for reporting, investigating, and adjudicating violations.
Provide for training, certification, and education related to safe excavation practices.
Legal significance: Compliance is mandatory. Noncompliance may result in administrative penalties, civil liability, and even criminal sanctions in cases of gross negligence or willful violation.
3. Structure of Agency 214
Agency 214 organizes the Underground Facilities Damage Prevention Board’s operations into several major categories:
3.1 Board Composition
Members are appointed by the Governor or designated entities under statute.
Members typically include representatives of:
Excavators and contractors
Utility operators
Public safety or consumer protection officials
Engineers or technical experts in underground facilities
The Board operates quasi-judicially, meaning it can hear disputes, impose penalties, and issue compliance orders.
3.2 Jurisdiction and Scope
Jurisdiction covers:
Excavation activities that may impact underground facilities
Enforcement of “call before you dig” requirements
Dispute resolution between excavators and facility operators
Investigation of damages and violations
The Board cannot create new statutes but enforces compliance within the statutory framework.
3.3 Duties and Powers
Adopt procedural rules for complaint filings and investigations
Hear appeals or disputes regarding alleged violations
Impose civil penalties for noncompliance
Educate stakeholders on safe excavation practices
Maintain records of reported damages, violations, and penalties
Legal effect: Board decisions are administratively binding, but parties may seek judicial review if they believe the Board exceeded its authority or violated due process.
3.4 Notification and Reporting
Excavators must notify the statewide one-call system before digging.
Utility operators must mark the location of underground facilities.
Violations, damage incidents, or near misses must be reported to the Board.
Failure to comply triggers investigation and potential penalties.
4. Enforcement and Disciplinary Procedures
4.1 Investigation
The Board investigates alleged violations based on:
Complaints by utilities
Reports from excavators
Reports from local authorities or public safety agencies
4.2 Hearings
Parties have the right to present evidence and testimony.
Hearings are typically administrative, and rules specify:
Notice requirements
Procedural timelines
Evidentiary standards
4.3 Penalties
Penalties can include:
Civil fines proportional to the severity of the violation
Mandatory corrective actions
Suspension of excavation privileges in severe or repeated cases
Legal effect: Board penalties are enforceable, and compliance is mandatory unless overturned by a court.
4.4 Judicial Review
Decisions of the Board may be appealed to West Virginia Circuit Courts.
Courts review:
Whether the Board acted within statutory authority
Whether the Board followed procedural rules
Whether there is substantial evidence supporting findings
Legal principle: Courts give deference to the Board’s technical expertise, particularly in matters requiring engineering or utility safety knowledge.
5. Relationship to Statute (WV Code Chapter 24, Article 7A)
Agency 214 rules are administrative regulations implementing the Underground Utility Damage Prevention Act:
The statute requires notification before excavation, marking underground utilities, and reporting damages.
CSR rules define procedures for enforcement, hearings, and penalties.
Rules cannot exceed statutory authority, but properly adopted rules have force of law.
Legal effect: Compliance with both the statute and CSR rules is legally mandatory.
6. Case Law Context
While specific published appellate cases on Agency 214 are limited, there are general legal principles from West Virginia courts:
6.1 Enforcement and Compliance
Courts uphold civil penalties and compliance orders if:
The Board acted within its statutory authority
The process met procedural due process standards
Penalties are proportional to the violation
6.2 Procedural Due Process
Excavators and utility operators are entitled to:
Notice of allegations or complaints
Opportunity to respond
A fair hearing before penalties are imposed
6.3 Substantial Evidence Standard
Courts defer to the Board’s findings if reasonable evidence supports them.
Technical and safety matters are typically within the Board’s expertise, and courts are reluctant to second-guess engineering judgments.
6.4 Analogous Administrative Cases
Cases involving other West Virginia regulatory boards (e.g., Public Service Commission, Mine Safety Board) illustrate:
Courts uphold administrative expertise in technical matters
Procedural compliance is essential for enforceability
Arbitrary or capricious action is subject to judicial reversal, but mere disagreement with Board decisions is not sufficient
7. Practical Legal Implications
| Area | Requirement | Legal Consequence |
|---|---|---|
| Pre-excavation notification | Notify the one-call system | Noncompliance may lead to fines or liability for damages |
| Facility marking | Utility operators must mark underground lines | Failure may shift liability to operator |
| Reporting | Report damages or near misses | Failure to report may increase penalties |
| Compliance with Board orders | Follow corrective actions or pay fines | Noncompliance can result in additional enforcement or escalation |
| Judicial review | Decisions can be appealed to Circuit Court | Courts generally defer to Board expertise if process is fair |
Key takeaway: Contractors, excavators, and utility operators must follow rules carefully to avoid civil penalties, operational restrictions, or liability for damages.
8. Summary
Agency 214 regulates damage prevention for underground utilities in West Virginia.
The Board adopts procedures, hears disputes, investigates violations, and imposes penalties.
CSR rules cover notifications, reporting, hearings, and enforcement.
Courts defer to Board expertise but ensure procedural due process and substantial evidence support decisions.
Case law confirms that compliance with notification, marking, and reporting requirements is essential, and administrative penalties are generally upheld if statutory authority is followed.
Bottom line: Agency 214 protects public safety and underground infrastructure, and strict compliance with both statutory requirements and Board rules is essential for excavators and utility operators in West Virginia.
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