14 CAR Part 30 — One Call Center Rules

title-14-part-3014 CAR pt. 30Regulation

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Chapter V

Subchapter A

Subpart 1

14 CAR § 30-101 Purpose and scope {#sec-14-car-30-101 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-101}

14 CAR § 30-101. Purpose and scope.

(a)(1) The purpose of this part is to delineate the Arkansas Public Service Commission’s responsibility over a One Call Center pursuant to Acts 1987, No. 600, and Acts 1989, No. 370, the Arkansas Underground Facilities Damage Prevention Act, Arkansas Code § 14-271-101 et seq.

(2) This part also:

(A) Establishes minimum criteria for:

(i) The organization of a One Call Center;

(ii) The reporting of information to the Arkansas Public Service Commission; and

(iii) Other matters; and

(B) Provides a procedure for exemption and enforcement.

(b) This part does not limit the power given to the Arkansas Public Service Commission pursuant to Acts 1987, No. 600, Acts 1989, No. 370, or any other law or rule.

History

  • Codification Notes: This section was promulgated as Section 1 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-102 Form of organization {#sec-14-car-30-102 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-102}

14 CAR § 30-102. Form of organization.

(a)(1) Arkansas One-Call System, Inc. shall be the form of organization for the One Call Center.

(2) The One Call Center shall be operated as a nonprofit corporation and managed by the corporation’s board of directors.

(3) The One Call Center shall be operated in accordance with the bylaws set forth in Appendix I.

(b) No change in the form of organization, bylaws, or structure of the managing body shall be made without the prior approval of the Arkansas Public Service Commission.

History

  • Codification Notes: This section was promulgated as Section 2 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-103 Operational responsibility {#sec-14-car-30-103 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-103}

14 CAR § 30-103. Operational responsibility.

(a) The One Call Center is responsible for providing a centralized one (1) number call system to expedite the location of underground installations prior to excavations in compliance with the Arkansas Underground Facilities Damage Prevention Act, Arkansas Code § 14-271-101 et seq.

(b)(1) At a minimum, the One Call Center shall have:

(A) An established office with adequate space;

(B) Sufficient equipment for storage and retrieval of the volume of information it must maintain and process;

(C) Sufficient telecommunications equipment to ensure efficient and rapid intake and distribution of information; and

(D) Sufficient personnel to staff an office performing the functions of the One Call Center during normal business hours.

(2) The One Call Center shall establish and maintain standards of performance subject to the review of the Arkansas Public Service Commission.

History

  • Codification Notes: This section was promulgated as Section 3 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-104 Policies and procedures {#sec-14-car-30-104 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-104}

14 CAR § 30-104. Policies and procedures.

(a) The One Call Center shall comply with the Arkansas One-Call System, Inc. Policies and Procedures set forth in Appendix II, which shall henceforth be the One Call Center policies and procedures.

(b) The One Call Center shall be responsible for amending its policies and procedures as necessary to comply with all state and federal laws, rules, and regulations.

(c)(1) Any change or amendment of these policies and procedures shall be subject to Arkansas Public Service Commission review upon request of:

(A) The Arkansas Public Service Commission staff; or

(B) Any person affected by such change or amendment.

(2) The Arkansas Public Service Commission staff shall be notified in writing immediately after the change or amendment is adopted by the One Call Center.

History

  • Codification Notes: This section was promulgated as Section 4 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-105 Membership {#sec-14-car-30-105 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-105}

14 CAR § 30-105. Membership.

(a)(1)(A) All operators of underground facilities shall become members of the One Call Center.

(B) “Operator” means any public utility, as defined in Arkansas Code § 23-1-101, that owns or operates an underground facility and all municipality-owned or municipality-operated water, sewer, gas, or gas utilities owned or operated individually or by property owner associations, improvement districts, or property developers, serving in excess of one hundred (100) customers.

(2) Certain operators may not be subject to the provisions of the Arkansas Underground Facilities Damage Prevention Act, Arkansas Code § 14-271-101 et seq., if an ordinance or formal resolution was adopted in accordance with Arkansas Code § 14-271-105.

(b)(1) The One Call Center is responsible for identifying all operators as defined in subsection (a) of this section.

(2) The One Call Center shall provide written notice of membership requirements to any operator that is not a member.

(c) The One Call Center will report to the Arkansas Public Service Commission the names of all operators that fail to comply with subsection (a) of this section.

(d)(1) Other persons who own or control underground facilities or similar facilities may upon application become members of the One Call Center.

(2) Membership shall be evidenced by participation in and payment for the services furnished by the One Call Center.

History

  • Codification Notes: This section was promulgated as Section 5 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-106 Fees and charges {#sec-14-car-30-106 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-106}

14 CAR § 30-106. Fees and charges.

(a) The fees and charges of the One Call Center shall be designed to recover the costs of operation in a manner that is both equitable and efficient.

(b) Any change in the fees and charges set forth in Appendix III shall be filed with the Arkansas Public Service Commission and subject to Arkansas Public Service Commission review upon request of:

(1) The Arkansas Public Service Commission staff; or

(2) Any person affected by such change.

History

  • Codification Notes: This section was promulgated as Section 6 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-107 Compliance and enforcement {#sec-14-car-30-107 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-107}

14 CAR § 30-107. Compliance and enforcement.

(a) The One Call Center shall require from operators such information as it deems necessary to identify significant or repeated instances of operator and/or excavator noncompliance with the Arkansas Underground Facilities Damage Prevention Act, Arkansas Code § 14-271-101 et seq. and this part.

(b)(1) Any operator, excavator, person, or entity unlawfully treated with respect to this part may complain to the Arkansas Public Service Commission in writing.

(2) The provisions of Arkansas Code § 23-3-119 and the Arkansas Public Service Commission's Rules of Practice and Procedure, 23 CAR pt. 462, addressing formal complaints shall apply to such complaints.

(c) If the Arkansas Public Service Commission finds that a violation of the Arkansas Underground Facilities Damage Prevention Act, Arkansas Code § 14-271-101 et seq., has occurred, the Arkansas Public Service Commission may refer the violator to the Attorney General for the execution of Arkansas Code § 14-271-104.

History

  • Codification Notes: This section was promulgated as Section 7 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-108 Reporting {#sec-14-car-30-108 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-108}

14 CAR § 30-108. Reporting.

The One Call Center shall:

(1) Render monthly reports to the Arkansas Public Service Commission reflecting details of its activities;

(2) Annually furnish the Arkansas Public Service Commission a report of independent auditors as to its financial condition, and shall be subject to audit by the Arkansas Public Service Commission staff;

(3) Promptly report significant or repeated instances of operator and/or excavator noncompliance with the Arkansas Underground Facilities Damage Prevention Act, Arkansas Code § 14-271-101 et seq., and this part to the Arkansas Public Service Commission after such instances come to their attention; and

(4) Furnish such other information as the Arkansas Public Service Commission or staff may from time to time request.

History

  • Codification Notes: This section was promulgated as Section 8 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR § 30-109 Exemptions {#sec-14-car-30-109 omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR § 30-109}

14 CAR § 30-109. Exemptions.

(a) Pursuant to Arkansas Code § 14-271-107, the Arkansas Public Service Commission is authorized to grant exemptions from some or all of the requirements of membership in the One Call Center.

(b)(1) An original application for exemption and fourteen (14) copies shall be filed with the secretary of the Arkansas Public Service Commission.

(2) The secretary shall serve the One Call Center with a copy of the application.

(3) The application shall state, in sufficient detail to permit meaningful review, the facts and reasons supporting the requested exemption.

(c) The Arkansas Public Service Commission may hold such hearings as it deems necessary to determine if an exemption, in whole or in part, is reasonable and proper.

History

  • Codification Notes: This section was promulgated as Section 9 of the One Call Center Rules prior to codification into the Code of Arkansas Rules. Authority: Arkansas Code § 14-271-103
14 CAR pt. 30, Appendix A Amended and Restated By-Laws of Arkansas One-Call System, Inc. (An Arkansas Non-Profit Corporation) {#sec-14-car-pt.-30-appendix-a omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR pt. 30, Appendix A}
  • 1 - Amended and Restated By-Laws of Arkansas One-Call System, Inc. (An Arkansas Non-Profit Corporation)

Article I Name and Principal Place of Business Section 1. Name. The name of this Corporation shall be "Arkansas One-Call System, Inc." Section 2. Principal Office. The principal place of business and registered office of this Corporation shall be located at 2120 Maple Ridge Circle, Conway, Arkansas 72034. Article II Membership Section 1. Qualification. Membership in this Corporation shall be open to any individual, partnership, corporation, association, cooperative, trust or other entity which: (a) has elected or is required by state or federal law to belong to this organization, and has tendered for payment the fees or dues specified by the Board of Directors for membership; (b) has a recognizable interest in the furtherance of the purpose of this Corporation as specified in Article 1 of the Articles of Incorporation of this Corporation. Section 2. Classification and Privileges. The membership of this Corporation shall consist of the following: (a) General Member. An individual, partnership, corporation, association, cooperative, public trust, governmental agency, municipal corporation, or any other owner or operator of underground lines, systems or other facilities, and appurtenances thereto, located within the State of Arkansas used for producing, storing, conveying, transmitting or distributing communications, electricity, power, light, heat, gas, oil, petroleum products, water, steam sewerage or other commodities or service who has elected to, or is required by law to, participate in the notification center operated by this Corporation or which this Corporation has caused to be in operation. (b) Sustaining Member. An individual, partnership, corporation, association or other entity which although not an owner or operator of underground facilities and thereby eligible to become a General Member of this Corporation, nevertheless wishes to promote the purpose of this Corporation as specified in Article I of the Articles of Incorporation of this Corporation. Section 3. Rights of Members. (a) Property Rights. No member of this Corporation shall have any right or interest in or to the property or assets of this Corporation; all property and assets of this Corporation shall be subject to the direction, control of and expenditure by the members or the Board of Directors of this Corporation, or both, in the manner and to the extent provided by the laws of the State of Arkansas; and should this Corporation be liquidated or dissolved or otherwise discontinue activity, the property and assets of this Corporation shall be distributed in accordance with provisions therefor set forth in the Articles of Incorporation, if any, or as provided by law. APSC FILED Time: 5/5/2016 2:35:29 PM: Recvd 5/5/2016 2:34:20 PM: Docket 15-123-U-Doc. 8

  • 2 - (b) Voting. Only General Members of this Corporation shall be entitled to vote at any annual or special meeting of the members of this Corporation. On all voting matters, each General Member of this Corporation shall be entitled to one (1) vote, in person or by proxy. Sustaining members may attend and participate in the annual or special meetings of this Corporation but shall have no voting privileges at such meetings. Article III Admission and Charges Section 1. Application. Applications for membership shall be submitted to the Corporation on forms approved by the Board of Directors. Approval and classification of membership shall be administered pursuant to the Corporation's Policies and Procedures. A list of new applicants accepted into membership shall be furnished to the Board of Directors at each regular meeting of the Board. Section 2. Charges. Fees, dues, and other charges required to be paid by the various classes of members of this Corporation shall be specified in the Corporation's Policies and Procedures. Section 3. Termination. Termination of membership by a General Member shall be governed by the Corporation's Policies and Procedures. Section 4. Suspension. A member who fails to pay any charges as they become due is subject to suspension, as governed by the Corporation's Policies and Procedures. Article IV Meeting of the Corporation Section 1. Annual Meeting. The Annual Meeting of the members of this Corporation shall be held for the election of Directors and the transaction of such other business as may properly come before the meeting on the first Thursday in April of each year, or on such other day as may be fixed by the Board of Directors. Voting by proxy shall be allowed, but only on the proxy form mailed with the notice of meeting. At each such annual meeting, the Board of Directors shall submit to the membership a report of this Corporation's business activities during the preceding year and the general financial condition of this Corporation. Section 2. Special Meetings. Special Meetings of the members of this Corporation may be called at any time by the President. On the written request of any five (5) General Members of this Corporation to the President, the President shall call a meeting of the members of this Corporation. All meetings shall be held at the office of this Corporation or at such other place as may be designated in the notice. Section 3. Notice of Meetings. Notice of meetings of members of this Corporation, annual or special, shall specify the time, place, and purpose of the meeting and shall be mailed to all members at their respective addresses on this Corporation's records, at least ten (10) days prior to such meeting, but not more than sixty (60) days before the date of such meeting. The notice shall contain an agenda and a proxy form. No vote shall be taken on any matter unless it is included in the agenda. Section 4. Quorum. At any meeting of the members of this Corporation, the General Members of this Corporation present either in person or by proxy shall constitute a quorum for the transaction of business. Article V Board of Directors

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  • 3 - Section 1. Directors. The control of the business and the affairs of this Corporation shall be in the Board of Directors. The Board of Directors shall consist of not less than five (5) nor more than sixteen (16) members, of whom not more than four (4) may be representatives of public and private groups interested in the purpose of this Corporation. All Directors shall be elected as Directors by the General Members of this Corporation at the Annual Meeting of the members of this Corporation or at a Special Meeting thereof called for said purpose. Directors shall serve for three (3) years, or until the next Annual Meeting of the members of this Corporation, and until their successors are elected and qualify.

The Directors shall have all other powers, duties, and responsibilities as set forth in the Articles of Incorporation.

Section 2. Vacancies. Vacancies in the Board of Directors may be filled for the unexpired term by a majority vote of the remaining Directors at any meeting of the Board of Directors at which a quorum is present.

Section 3. Powers and Duties of the Directors. The Board of Directors shall have powers and duties over the general management of the affairs, property, and business of this Corporation and, subject to these Amended and Restated By-Laws, may adopt such rules and regulations for that purpose and for the conduct of its meetings as the Board of Directors may deem proper.

Section 4. Nominating Committee. Not less than three (3) months prior to the date of the annual meeting of the members of the Corporation, the President of the Corporation shall appoint a nominating committee. Such nominating committee shall present a suggested slate of directors to be voted upon by the members of the Corporation at the next annual meeting of the membership of the Corporation. The slate shall include representatives of service categories (cable television, electric, gas, pipeline, telephone, water, and other) as required to maintain representation of the service categories of General Members on the Board. The slate may also include representatives of public and private groups interested in the purpose of this Corporation.

Section 5. Removal. A Director may be removed from the Board of Directors for cause upon a majority vote of the remaining Directors. The failure of a Director to attend at least half of the regular and special meetings of the Board of Directors, as called between annual membership meetings, shall constitute cause for removal, absent satisfactory explanation of circumstances that, in the view of the remaining Directors, constitutes justifiable excuse for failure to attend the meetings. Otherwise, “for cause” shall constitute such misfeasance, malfeasance, nonfeasance, or other conduct by a Director which, in the judgment of a majority of the remaining Directors, is not in the best interests of the Board or the Corporation.

Article VI Meetings of Directors Section 1. Annual Meeting. The Annual Meeting of the Board of Directors shall be held immediately following the Annual Meeting of the membership of this Corporation for the purpose of electing officers, appointing committees, and for the transaction of such other business as may properly come before the meeting. No notice shall be required for the Annual Meeting of the Board of Directors. APSC FILED Time: 5/5/2016 2:35:29 PM: Recvd 5/5/2016 2:34:20 PM: Docket 15-123-U-Doc. 8

  • 4 - Section 2. Meetings. Meetings of the Board of Directors shall be held quarterly. Special meetings of the Board of Directors may be called at any time by the President. On the written request of any five (5) Directors to the President, the President shall call a meeting of the Board of Directors. Meetings shall be held at the office of this Corporation, or at any such other place as may be designated in the notice. Section 3. Notice of Meetings. Except for the Annual Meeting of the Board of Directors, notice of the time, place, and purpose of any meeting of the Board of Directors shall be given, either written or verbal, not later than two (2) days prior to such meeting. Section 4. Quorum. At all meetings of the Board of Directors, a majority of the number of Directors in office, present either in person or by proxy, shall constitute a quorum for the transaction of business. Article VII Executive Committee Section 1. There shall be an Executive Committee which shall consist of the President and two (2) to four (4) Directors to be nominated by the President and elected by the Directors. Section 2. Meetings. Meetings of the Executive Committee may be called at any time by the President. On the written request of any of the other members of the Executive Committee to the President, the President shall call a meeting of the Executive Committee. Reasonable notice, written or verbal, shall be given of each meeting of the Executive Committee. Meetings of the Executive Committee shall be held at the office of this Corporation, or at such other place as may be designated in the notice. Section 3. Quorum. At all meetings of the Executive Committee, a majority of all the members of the Executive Committee, present either in person or by proxy, shall constitute a quorum for the transaction of business. Section 4. Powers and Duties. The Executive Committee shall have full power to act in all matters for the Board of Directors in the interims between the meetings of the Board of Directors. When, in these Amended and Restated By-Laws, powers and duties are designated to the Board of Directors, those powers and duties are designated to the Executive Committee as well without exception. The executive Committee, however, shall be subject to the control of the Board of Directors and shall carry out all instructions issued to it by the Board of Directors. Article VIII Other Committees Section 1. Establishment. The Board of Directors may establish operating, legal and such other committees as it deems appropriate to advise it on matters affecting the business and affairs of this Corporation and the notification center. The members of these committees need not be Directors of this Corporation. Section 2. Membership and Duties. Each committee shall have the number of members and such duties as the Board of Directors shall deem appropriate. Section 3. Meetings. Each such committee shall meet on the call of its chairman, upon not less than five (5) days prior written or verbal notice. The Chairman of each such committee shall be designated by the President of this Corporation and will serve at his pleasure. APSC FILED Time: 5/5/2016 2:35:29 PM: Recvd 5/5/2016 2:34:20 PM: Docket 15-123-U-Doc. 8

  • 5 - Article IX Officers and Duties Section 1. Officers. The officers of this Corporation shall consist of a President, one or more Vice Presidents, a Treasurer, and a Secretary, all of whom shall be chosen by a majority vote of the Directors at the Annual Meeting of the Board of Directors. Any vacancy in any office shall be filled by the Board of Directors at any regular meeting, or at any Special Meeting called for such purpose. This Corporation may also have such other officers or agents as the Board of Directors may deem necessary, who shall hold office at the pleasure of the Board of Directors and who shall have such authority and perform such duties as the Board of Directors may prescribe. Section 2. President. The President shall be the chief executive officer of this Corporation and, subject to the control of the Board of Directors, shall have general charge and management of the business, affairs, and property of this Corporation, its officers, agents, and employees, if any. The President, except as the Board of Directors may from time to time otherwise provide by resolution, shall sign all contracts and other instruments in the ordinary business of this Corporation, and for and in the name of this Corporation, may execute such other obligations or instruments as may be authorized from time to time by the Board of Directors. He shall perform all such other duties as are incident to his office or as properly required of him or her by the Board of Directors. The President may delegate such powers and duties accorded to him or her to the Executive Director, or to other officers of this Corporation, as may be necessary for the orderly and efficient discharge of those powers and duties. Section 3. Vice President. Each Vice President shall only have such powers and discharge such duties as may be assigned to him or her from time to time by the Board of Directors or the President. Section 4. Treasurer. The Treasurer shall have general supervision over the care and custody of the funds and securities of this Corporation and shall deposit the same or cause the same to be deposited in the name of this Corporation in such bank or banks, trust company, or trust companies, as the Board of Directors may designate. He or she shall keep or cause to be kept full and accurate accounts of all receipts and disbursements of this Corporation and whenever required by the Board of Directors, he or she shall render, or cause to be rendered, financial statements of this Corporation. He or she shall prepare, execute, and file any annual report or reports, statement or statements, which may be required by law. Section 5. Secretary. The Secretary shall keep the minutes and act as Secretary of all meetings of this Corporation and of the Board of Directors. He or she shall be the custodian of the corporate records and of the corporate seal, and shall see that the corporate seal is affixed to all documents, the execution of which, on behalf of this Corporation, under the seal is duly authorized, and when so affixed may attest the same. He or she shall in general perform all duties usually incident to the office of the Secretary and such other duties as may from time to time be assigned to him or her by the Board of Directors. Section 6. Officers shall be elected for one (1) year and shall hold office until successors are elected. Section 7. Compensation of Officers. The officers of this Corporation shall receive such compensation, if any, as may be fixed from time to time by the Board of Directors. APSC FILED Time: 5/5/2016 2:35:29 PM: Recvd 5/5/2016 2:34:20 PM: Docket 15-123-U-Doc. 8

  • 6 - Section 8. Bonds. The board of Directors shall have power to require any officer, agent, or employee of this Corporation to give bonds for the faithful discharge of his or her duties in such form and with such sureties as the Board of Directors may deem advisable. Section 9. Removal. Any officer elected or appointed by the Board of Directors may be removed by the Board of Directors whenever, in its judgement, the best interests of the Corporation would be served thereby. To the extent that this provision conflicts with the provisions of any contract between the officer and the Corporation, the provisions of the contract shall control. Article X Negotiable Instruments Section 1. Signature on Checks, etc. All checks, drafts, bills of exchange, notes, or other obligations or orders for the payment of money shall be signed in the name of this Corporation by such officer or officers, person or persons, as the Board of Directors of this Corporation may from time to time designate by resolution. Article XI Indemnification Section 1. Good Faith Actions. This Corporation shall indemnify any person who was or is a party or is threatened to be made a party to any threatened, pending, or completed action, suit, or proceeding (including appeals), whether civil, criminal, administrative, or investigative (other than an action by or in the right of this Corporation) by reason of the fact that he or she is or was a director, officer, employee, or agent of this Corporation, against expenses (including attorneys' fees), judgments, fines, and amounts paid in settlement actually and reasonably incurred by him or her in connection with such action, suit, or proceeding if he or she acted prudently, honorably, and in good faith and in a manner he or she reasonably believed to be in, or not opposed to, the best interests of this Corporation. Section 2. Coverage Determined by Board of Directors. Any indemnification under Sections 1 of this Article XI shall be made by this Corporation only as authorized in the specific case upon a determination that indemnification of the officer, director, employee, or agent is proper in the circumstances because he or she has met the applicable standards of conduct set forth in Section 1 of this Article XI. Such determination shall be made (a) by the Board of Directors by a majority vote of a quorum consisting of directors who were not parties to such action, suit, or proceeding; or (b) if such a quorum is not obtainable, or even if obtainable, a quorum of disinterested directors so directs; or (c) by independent legal counsel (who may be a regular counsel to this Corporation but who shall not be an employee of this Corporation), in a written opinion; or (d) by a majority vote of the membership. A majority vote of the membership, at a duly called meeting, shall decide which method is to be implemented to determine consideration of indemnification. Section 3. Non-Exclusive Remedy. The indemnification provided by this Article XI shall apply to acts and transactions occurring heretofore or hereafter and shall not be deemed exclusive of any other rights to which those seeking indemnification are entitled under any statute, certificate, articles of incorporation, by-law, agreement, vote of the General Members or disinterested directors, or otherwise, as to action in his or her official capacity, and shall continue as to a person who has ceased to be a director, officer, employee, or agent, and shall enure to the benefit of the heirs, executors, and administrators of such a person. APSC FILED Time: 5/5/2016 2:35:29 PM: Recvd 5/5/2016 2:34:20 PM: Docket 15-123-U-Doc. 8

  • 7 - Section 4. Insurance Coverage. This Corporation may purchase and maintain insurance on behalf of any person who is or was a director, employee, or agent of this Corporation, as protection against any liability asserted against him or her and incurred by him or her in any such capacity, or arising out of his or her status as such, whether or not this Corporation would have the power to indemnify him or her against such liability under the provisions of Article XI. Article XII Amendments These Amended and Restated By-Laws may be altered or repealed, or new By-Laws may be adopted by a majority vote of a quorum of the Board of Directors at any annual, regular, or special meeting duly convened after notice to the directors setting out the purpose of the meeting, subject to the power of the members to alter or repeal such By- Laws; provided, however, the Board shall not adopt or alter any By-Law fixing their number, qualifications or classification or terms of office, but any such By-Law may be adopted or altered only by the vote of a majority of the members entitled to exercise the voting power of this Corporation at any annual, regular, or special meeting duly convened after proper notice to the members setting out the purpose of the meeting. Article XIII Original Incorporators The original incorporators herein were Ed Davis, 1218 West Sixth, Little Rock, Arkansas 72201; L. D. Garner, 1111 West Capitol, Suite 543, Little Rock, Arkansas 72201; Don Lambert, P.O. Box 551, Little Rock, Arkansas 72203; Victor McCoy, P.O. Box 37, Clinton, Arkansas 72031; Mike Means, P.O. Box 751, Little Rock, Arkansas 72203; Bud Olson, P.O. Box 489, Malvern, Arkansas 72104; Ray Sneed, P.O. Box 247, Fort Smith, Arkansas 72902; Tom Taylor, P.O. Box 1997, Texarkana, Texas 75501; and James Walker, P.O. Box 1288, Fayetteville, Arkansas 72701. Article XIV Certificate of Adoption

The foregoing Amended and Restated Bylaws of the Arkansas One-Call System, Inc. have been duly adopted effective this ____ day of ___________, 2015, (“Effective Date”) by action of the General Members of Arkansas One-Call System, Inc. pursuant to the laws of this State.

IN TESTIMONY THEREOF, witness the hand of the undersigned as Secretary of Arkansas One-Call System, Inc. on such date.

[Printed Name]

[Signature] Secretary of Arkansas One-Call System, Inc. [Corporate Seal] APSC FILED Time: 5/5/2016 2:35:29 PM: Recvd 5/5/2016 2:34:20 PM: Docket 15-123-U-Doc. 8

14 CAR pt. 30, Appendix B Arkansas One-Call Center Policies and Procedures {#sec-14-car-pt.-30-appendix-b omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR pt. 30, Appendix B}

Arkansas One-Call System, Inc. 10803 Exnurim Center Driue, Svdr It 0 P.0. Bos 21.165 Link Rock, Arkansas 72221 Phone: 501!225-5995 -. Arkansas One-Call Center Policies and Procedures Notlficstions to 0ne-C.U of Intention to Dig (1) Pottyeight hours or two working days* notice b required by Act 600 of 1987. '2)rir does not include weekends or holidays. A person calling in to the Center at 4:59 par. on hiday for work which is to begin at 7:30 a.m. on Monday h considered to have given 91 minutu advance notice. (2) One-CdI Center working hours are from 7:OO a.m. until 5:OO p.m., Monday through Friday. The Center is closed on the following holidays - New Years Day, Memoriill Day, July 4, Labor Day, Thanksgiving and Christmas. (3) Except in the case of an emergency, the computer c31~1ates two working days fkom the time of the 41 and rounds the work time up to the next highest quarter-hour. This is the default work time. One-Call operatom will explain the two-working days notice requirement of rhe state law and will ask if the default time is acceptable. The default time will be changed if the caller uys the work will begin earlier or luter. (I) All requests are assigned one of six codes to indic3te the type of rqqucrt being made: First Request. The first call made by the excavator for this dig site. Second Request. A second sa11 for il dig site when some member utilities have not responded. Emergency. Underground facilities altwdy have keii damaged and must be mpaimd immdiotely. Emergency rtquesrs take precedence over all other requests and are given a work time of "aa &on as possible". Change of Infunnation. Information given in a previous request, such u dimdons or time of work, is to be changed. Cancellation. The caller wishes to cancel a previous locate rquest. Major Project. The scope of the project is to cover a significant diskinn and/or an extended period of time. The role of the One-Call Center in these cases is to notify member utilities ao ongoing local communications can be arranged. (5) Within and adjacent (0 cities and towns, member wrvin ureas urn identified by itrrsotv or portions of streets. Therefore, if the dig rite is within or a@;lcrtnt to a city or town, the bcation of the dig site is identified by its street address. All efToru will be made b identify a house number so the computer can process &e request more accurately. Crors streeu, hadmarks, resident names and subdivision names can be given as additional information and may be belpfd to member utilities, but thrs inf'ormrtion is unnecessary for computer processing. If the bation is near a house or building, it is imporunt for Lho utihica to know whether locate in the back, front, sides or some cumbirdon of these. If the location im at an in&rwchm, they awd b know if the digging will take place on the pavement or on one or more of rhc corwm which need to be identified by direction. Example: N W corner or the SE corner. Page I -Ix If

(6) Member service are- outside the urban ilrellLLi of cities and tuww are identifwd by tomhip, -tion urd quarter-section. All callen will be asked for the range and township bcation of rbe dig site. If tJw aection and quurrr-section L known, the wller will be ukd for direcrionr LO the dig rite within the wction or quartor-section, e.g., 'across the road from Milkr's Grocery of County Road 421.' -. (7) If the township und wction is not &own, he operatar will ask for rpecific dirariocu from the city limits of a warby bwn. The caller murt be pirparrd tu begin dirtdons from thr city limits, giving highway numbers and directions, mileaye% md arch turn involved until the bcation k mwhed so opvrawrr can hnd the exact location on the map and utility employees CM hnd th dig rim without further directions. (8) bcationr giving only podeswl numbers, pole numbers or rpvw are not rdqunlr identification, of 8 location. This information will be u&an but only ms additions b informath .ewdly pinpointing the lowtion of the dig site. (9) Since lucvte requests in or adjacent to cities und toww are proc-d auwnrtitdly by the computer bvwd on the stnet addrebs, each different rddrvss at which the excavatar will be working must be entered as a separate locate request in order to mnkt sure that the quest k prenmd 8ccurately. (IO) Since state hw requires at least two working days advance notification of ut intent 10 dig, second requests will not be acceptrd or processed by the One-Call Cenwr until at kt 24 hn bave elapsed sincv the fiirt requelit was placed. When uking information on a lvcond rquhst, the One-Call operators will ask for the reference number of the first request. This number will be relayed to member companies who will then be able to check on the status of the line bcation. Processing of Line Location Requests (1) Based on the information given, the One-Call Center will locae n dig he ms accurately and as closely as possible. The Center will make every enol-t (u notify each und every utifity which htu lines in the urea and will make every effort to avoid unnecessarily conmctb8.g uriliticr on the hinges of the site. However, if there is any doubt and if the operator thinks there is r chance that a members' lines may be involved, the operator will notify that utility rather thrn take a chance and not call. This policy is for the protection of the member utility as well as for the protection of the One-Call Center. (2) If during the processing of a location, un operawr diaruvers that the informiltion given t inaccuratr! or incomplete, the locate will be put on hold and an immediarc. attempt will be mcrde to reach the calIei* for additional information. Repeated attempts will be made until the location can be processed correctly. No request will be processed, though, if it InUlf be bud on guesswork. (3) The One-Calt Center CM take no responsibility for member facilities which do not appcrrr on Center maps or databases. Member utilities will be notified of locate rtquuts if rpecificolly requested by the caller, even if the dig site is not inciudd in the member's database as rupplbd to tbe Ow-Call Center. Such notices will be coded as being wnt at the coller'r mqutst and the notification b the member will include appropriate wording indicating that the diet quested thy be notifid. A monthly report will be submitted Lo the Board of Direcron of ruch exceptions to the database procussing. (4) All members having underground facilities in the vicinity of cut or damaged lines will be notified that the cut has occurred. The member &en can determine whether any action L Mctmsary on its part.

(5) If the dig rite is at o Specific address (123 Main Strtwt), the rqurst will be wnt only to those utilities which have mid they wish to k. borified fur ht ponion of rhe rtrw~ (6) If the crlhr knows the street but cannot give J huuw number, the request will be wnt b dl member utilities nerving my portion of that street since the Center cannot determine whether the dig rite is in specific member tvicv territories. (7) If the dig rite is on a new stiwt which is not in the Onr-CaII muter rtreet bthg for the town, the request will be wnt tu all member utilities wrviny any portion of the town sin- it annot be dercrminud wherher tlw Jig site b within upecific member u*tuke &rritorirru. A member can, however, exempt itmlf frum diiv policy on ww stwets by signing o waiver that (u) it docrr not wish b be notified for new YLIYLS, (b) it will promptly notify the Om-Cull Center of new underground faciliries. and (c) it will hold kkanrcrr One-Call Syuwm, Inc., humleu from any claims resulting from damages LO Underground facilities as a result of the exemption from the policy on new rtreets. Mcnabrcr Nutifirrtionr By Phone (1) All members who trrrrive notifications by phone will be called as soon a0 povrible after the line location request has been given u, the enter. On some wcuions, the phone b not unswerd in a member office. The Center will make repeated attempts to reach that member's dkpotchorn using the phone number which has been furnished. If wveral hours have elapsed and notification still u unsuccessful, OnrCall Center will check the member's file to see if rhore are olrornalv numkn or l0C;lrions which might be used LO get the notification Lo the member. Member Notifications By TTY (1) Verifications of notifications sent by TTY will be sent from the One-Crll Center to members twice daily 0-- at the beginning of the work day and between Noon and 1 p.m. This list should be checked against TT'Y notifications received. It is the responsibility of the member to notify the One-Call Center ab soon its possiblc if a request was not received. The notice then will be msenf (2) The first report of the day will be sent w all members, even if there are no notices b verify. If a member has not received this message by 8:OO a.m., the Onr-cull Center rhodd be called as there may be Y problem with phone lines or the member's modem or printer. The midday verification report is sent only to those members who have received notices since the first report of rho day. (3) To notify the One-Call Center concerning TTY problems, member utilities should all SOY225-5995 or 800/182-8998 during working hours, or 501/325-5995 after 5:OO p.m. (I) If a member knows that there is a problem with its equipment (modem, printer or phone line), the One-Call Ccnter should be notified immediately. Attempts to wnd notification will be delayed until the problem is resolved, or the notifications will be recoded for phone Wansmiuion. (5) If TTY capability in the OneCaII Center is out fnr more than one hour, member dispatch offices are to be nw'fied and notifications ore tu be recoded fur phone transmission. (6) plugged up, turned on, and connected from 6:UO a.m. until 6:UO p.m. Monday through Friday. It is rhe responsibiliry of the mcmber LO insure that its printer and modern are pmprly Pagc 3

-P updr- (1) It is the responsibility of member utilities to wnd updates of maps or of rhr! computerized dotabase whenever now mas ofundrrpound line* air developed. There updates are to be submitted as soon as pouibk. (2) No changer in Ow-CJI Center maps or daubuses will be made bed only on o vrrbd or phwc communication. Changer in Member Phone Numhers or Dirparch Center bations (I) Changes in member phone numbers or in centers to be notifd for a given area will be mu& only upon written notification to the OnrCirll Conwr. Such important charges annut be mu& bad un phone mnvemuhns. (2) The OneCilll Cancer has three working days to incorporate member wrviru w(~11 updata into the culrcr’r &Labow. Research on Past Line Location Requests (1) Anyone miry request the Ow-Cilll Center LO conduct a search LO see if prior notification WYI given on an accident. The fee for each loc;rte researched will be based on $20.00 per hour, with a minimum fee of $10.00, billable to the party requesting the search. Such search mquesu will be processed as soon as practicaf by OneCaII personnel, but in no case will ruch rwarch take priority over the daily operations of the One-Call Center. (0811 61 1989)

14 CAR pt. 30, Appendix C Arkansas One-Call Member Fees {#sec-14-car-pt.-30-appendix-c omnilex-key=us-ar-regs-official--title-14-part-30--14 CAR pt. 30, Appendix C}

Members of the Arkansas One-Call Center pay fees to finance the cost of providing the statewide system to process notices from excavators of their intention to dig, drill or blast and to promote digging safely. The fees fall into two categories

  • basic monthly fees and call fees. Member Types Arkansas One-Call members fall into one of three categories: Public Authority Membership Premium Membership Regular I Membership A Public Authority Member is limited to owners or operators of utility systems which are governmental entities or otherwise political subdivisions of the State of Arkansas or the United States, such as municipalities, counties, improvement districts, rural water associations, and similar bodies and organizations. A Premium Member includes any member whose facilities are primarily engaged in interstate transmission or whose facilities are not connected directly to end users other than themselves. All other owners and operators of underground facilities. Member Categories Members fall into one of 12 categories based on the total number of notices during the previous year: A 0 150 150 B 151 360 240 C 36 1 750 240 D 75 1 1.500 240 E 1,501 3,000 240 F 3,001 6,000 240 G 6.00 1 15.000 240 15,001 30,000 30,OO 1 75,000 75,001 150,000 150,001 300,000 240 300,001 500,000 240 Appendix I11

Basic Fees The Basic Fee covers the cost of servicing the member with record-keeping, information, mailings, screening of locates not in a member’s territory, and the statewide education and damage prevention program. It also covers the cost of the notices included in the basic fee. 16.25 11.40 24.40 I 29.00 20.30 43.50 I IC 38.75 27.15 58.15 I ID 57.50 40.25 86.25 I E 95.00 66.50 142.50 F 170.00 1 19.00 255.00 IG 395.00 276.50 592.50 I H 770.00 539.00 1,155.00 I 1,895.00 1,326.50 2,842.50 J 3,770.00 2,639.00 5,655.00 K 7,520.00 5,264.00 1 1,280.00 L 12,520.00 8,764.00 18,780.00 Call Fees Call fees cover the cost of receiving the locate requests in the center, processing to determine which members need to be notified, and transmitting the notices to the appropriate members. Call fees are billed on a monthly basis after the free notices included in the basic fees have been used: Data Transmission (modem/internet/FTP) .95 Facsimile 1.40 I Voice 3.00 I Billing - Members are invoiced for both basic fees and call fees (should they exceed the number of “free” notices included) on a monthly basis. Invoices are due and payable within 20 days of the date of invoice. A late charge of 3% is assessed if the invoice is not paid within 30 days. Effective Date: 01/01/2003 Appendix 111

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