Frequently Asked Questions
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, 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 the 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 filed with the commission for their approval, or the respondent has the option of requesting a hearing in front of the PSC. 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.