§ 54-8a-13. Underground Facilities Damage Dispute Board -- Arbitration -- Relationship with Public Service Commission.

(1) There is created within the commission the Underground Facilities Damage Dispute Board to arbitrate a dispute arising from:

(a) an operator's or excavator's violation of this chapter; and

(b) damage caused by excavation during an emergency.

(2) The board consists of five members appointed by the governor as follows:

(a) one member from a list of names provided to the governor by a group representing operators;

(b) one member from a list of names provided to the governor by the Associated General Contractors;

(c) one member from a list of names provided to the governor by Blue Stakes of Utah;

(d) one member from a list of names provided to the governor by the Utah Home Builders Association; and

(e) one member from the Division of Public Utilities.

(3)

(a) A member of the board:

(i) shall be appointed for a three-year term; and

(ii) may continue to serve until the member's successor takes office.

(b) At the time of appointment, the governor shall stagger the terms of the members to ensure that approximately 1/3 of the members of the board are reappointed each year.

(c) A vacancy in the board shall be filled:

(i) for the unexpired term; and

(ii) in the same manner as the board member is initially appointed.

(d) The board shall select an alternate for a specific board member to serve on a specific case if it becomes necessary to replace a member who has a conflict of interest because a dispute involves that member or that member's employer.

(4) Three members of the board constitute a quorum.

(5) The board may, upon agreement of the disputing parties, arbitrate a dispute regarding damages, not including personal injury damages, arising between:

(a) an operator;

(b) an excavator;

(c) a property owner; or

(d) any other interested party.

(6) At least four members of the board shall be present and vote on an arbitration decision.

(7) An arbitration before the board shall be consistent with Title 78B, Chapter 11, Utah Uniform Arbitration Act.

(8) The prevailing party in an arbitration conducted under this section shall be awarded its costs and attorney fees in an amount determined by the board.

(9) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:

(a) Section 63A-3-106;

(b) Section 63A-3-107; and

(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(10) The commission shall provide administrative support to the board.

Amended by Chapter 286, 2010 General Session