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What is a ND One Call Complaint?
The one-call enforcement in North Dakota is complaint based. This means that if there is a violation of the ND Century Code as it pertains to ND One Call (link to NDCC), the complainant can file a ND One-Call Complaint against the person or company who violated the one-call regulations (respondent). That complaint is then filed with the ND Public Service Commission who enforces the ND One-Call law and can hand out fines up to $25,000 per violation.
Why would I want to file a complaint?
If you file a complaint there is an official record with the state which can help give teeth to the current one-call law, hold violators accountable, and can then be used to improve future one-call law changes.
Who can file a complaint?
Anyone can file a complaint whether it’s a utility/operator against an excavator or an excavator against a utility/operator.
What happens after I file a complaint?
All complaint forms are mailed or emailed director to the ND Public Service Commission. Once received, a PSC staff member will review the complaint and send a letter to the respondent of the alleged violation to inform them that a complaint has been filed. The respondent then has a chance to provide their side of the incident along with any corresponding evidence to the PSC staff. The staff then determines if they believe a violation took place and what the appropriate penalty should be. They can then issue a penalty in the form of a consent agreement between the violator and staff, which is then filed with the commission for their approval, or the respondent has the option of requesting a hearing in front of the Public Service Commission. If a hearing is requested the commissioners would determine after the hearing if they believe a violation occurred and what the appropriate penalty would be.
How do I file a complaint?
CLICK HERE to download a copy of the complaint. To submit, follow the instructions located on the form.