On January 9th, 2012, the Hawaii Department of Budget and Finance adopted Chapter 6-83, Hawaii Administrative Rules. These rules further define the rights and responsibilities of excavators and facility operators within the state as well as establish the operating procedures that the Hawaii Public Utilities Commission will use to enforce Chapter 269E, including the issuance of civil penalties to persons and entities found guilty of violating Chapter 269E. The full document can be viewed at the Hawaii PUC web site www.puc.hawaii.gov
The following is the index of Title 6, Chapter 83 for your reference:
Hawaii Administrative Rules
TITLE 6
Department Of Budget And Finance
Chapter 83
Hawaii One Call Center Subsurface Installation Damage Prevention Program
Subchapter 1 General Provisions
§6-83-1 Purpose of chapter
§6-83-2 Application additional sources
§6-83-3 Definitions
§6-83-4 Severability
§§6-83-5 to 6-83-20 (Reserved)
Subchapter 2 One Call Center System Requirements
§6-83-21 Hours of operation
§6-83-22 Statewide toll free telephone access number; 811
§6-83-23 Verification of data and map Submittals
§6-83-24 Confidentiality of facility operator data and map submittals
§§6-83-25 to 6-83-39 (Reserved)
Subchapter 3 Duties of Facility Operators
§6-83-40 Facility operator registration
§6-83-41 Registration fee
§6-83-42 Facility Operator subsurface facility information
§6-83-43 Subsurface facility information Updates
§6-83-44 Facility operator assessments for costs of center administration and operations
§6-83-45 Petition for credit toward public utility fee
§6-83-46 Response of facility operator upon receipt of notification; positive response
§6-83-47 Facility operator to report excavator failure to mark
§6-83-48 Training of facility operator’s mark-out personnel
§6-83-49 Mark-out record retention
§§6-83-50 to 6-83-60 (Reserved)
Subchapter 4 Duties of Excavators
§6-83-61 Obtaining required permits
§6-83-62 Marking proposed excavation site
§6-83-63 Notification to one call center prior to excavation
§6-83-64 Excavator duty of care
§6-83-65 Excavator requests for additional Information
§6-83-66 Damage subsurface installation
§6-83-67 Excavators to notify operators of discrepancies operator markings
§6-83-68 Excavator report operator failure mark-out subsurface facilities
§§6-83-69 to 6-83-79 (Reserved)
Subchapter 5 Emergency Excavations
§6-83-80 Notification; procedures
§§6-83-81 to 89 (Reserved)
Subchapter 6 Enforcement Procedures
§6-83-90 Enforcement
§6-83-91 Application of this subchapter nonexclusive
§6-83-92 Complaint
§6-83-93 Commission investigation
§6-83-94 Comm. investigation; default
§6-83-95 Civil penalty; payment
§6-83-96 Final order
§6-83-97 Interim orders
§6-83-98 Settlement of violation
§6-83-99 Inform complaints; form; filing
§6-83-100 Formal complaints
§6-83-101 Answer to formal complaints
§6-83-102 Motion to dismiss or to make more definite and certain
§6-83-103 Hearing on formal complaints
§§6-83-104 to 6-83-120 (Reserved)
