65-31-112 - Criminal penalties and remedies. - Tennessee Statutes

65-31-112. Criminal penalties and remedies.

(a)  Any person who violates any provision of this chapter commits a Class A misdemeanor, and is subject to a fine not to exceed two thousand five hundred dollars ($2,500) or a term of imprisonment not to exceed forty-eight (48) hours, or both.

(b)  (1)  Any excavator who violates the provisions of this chapter may be issued a citation by any local or state law enforcement officer or permitting agency inspector, and the issuer of a citation may require any excavator to cease work on any excavation or not start a proposed excavation until there has been compliance with the provisions of this chapter.

     (2)  If, after receiving proper notification as required in § 65-31-106, an operator fails to locate its facilities as required in § 65-31-108, an underground facility of such operator is damaged by an excavator who has complied with the provisions of this chapter; and such damage is a proximate result of the operator's failure to discharge such duty, then such excavator shall not be liable for such damage.

(c)  (1)  Any person who violates any provision of this chapter may be required to appear before the appropriate court as set forth in § 40-1-107. Any person who fails to appear or otherwise properly respond to a citation issued pursuant to this section shall, in addition to the penalties as set forth in the citation, be charged with a misdemeanor offense and, upon conviction, commits a Class B misdemeanor, punishable as provided in § 40-35-111.

     (2)  Any person cited for a violation of this chapter, unless required to appear before the appropriate court may:

          (A)  Post a bond, which shall be equal in the amount to the applicable penalty; or

          (B)  Sign and accept a citation promising to appear before the appropriate court.

     (3)  The issuing officer shall indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable penalty.

     (4)  Any person charged with a violation of this chapter, unless required to appear before the appropriate court, may:

          (A)  Pay the penalty, in lieu of appearance, either by mail or in person, within ten (10) days after the date of receiving the citation; or

          (B)  Forfeit the bond, if a bond is posted, by not appearing at the designated time and location.

     (5)  If the person cited follows either of the procedures of subdivisions (c)(4)(A) or (B), such person shall be deemed to have admitted to committing the infraction and to have waived the right to a hearing on the issue of commission of the infraction. Such admission may be used as evidence in any other proceeding.

(d)  Any person who knowingly and willfully removes or otherwise destroys the stakes or other physical markings used to mark the horizontal route of an underground facility commits the offense of vandalism as set forth in § 39-14-408, and shall be subject to the punishment for vandalism as set forth in § 39-14-105.

[Acts 1978, ch. 692, § 12; T.C.A., § 65-3212; Acts 1985, ch. 69, § 1; 1999, ch. 73, § 6; 2006, ch. 686, § 11.]