West Virginia Code of State Rules Agency 214 - Underground Facilities Damage Prevention Board

24 Jun 2025 --
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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.