Page 18 - Mississippi 811 Magazine 2022 Issue 3
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a required field, you must check one of the boxes listed below.
1. Excavating without a one call ticket 2. Excavating early
3. Mechanical excavating within the marks
4. Failure to locate (meaning failure to mark, paint or flag)
5. Did not locate within the required time
6. Other (include below)
IV. If you select “other”, it is critical you clearly describe the alleged violation in the text box immediately below. Remember, a violation can occur without a damage and it is possible
to have a damage where no violation has occurred. Mississippi’s process for enforcement for violating the dig law is complaint driven, so it is important to note that the investigator is permitted to investigate only the alleged violation as reported, so be specific in your description of the alleged violation.
V. Directly below the “other” text box is another required field. The Enforcement Board wants to know whether a damage occurred as the result of the alleged violation. The required response is yes or no. If
you select yes, a dropdown menu is displayed asking you to identify the type of utility that was damaged. Just select the appropriate utility type(s) and identify whether the damage was a service line or a main line.
VI. You’re almost through with
the form but there is some general information requested. Ticket number if known and of course we need to know the location of the alleged violation.
VII. For the most part, filling out
the form is self-explanatory. Take a look at the section that allows you to “upload an Image/File.” Uploading a PDF or photo is really quite simple. Just click on the “Select Files” button and select the document or photo(s) from your computer or phone that you want to submit and upload.
VIII. Submitting AVRs without any supporting documentation and/or photos will likely end in no violation and a lot of frustration. The more documentation you provide to support your alleged violation, the better your position. You can upload photos, documents, sketches, police reports, etc... any documentation that you think will prove your case conclusively.
IX. Any photos submitted will be even more effective if they are date
and time stamped and helps you tell the story of the violation.
X. Once the AVR is received, it
will be reviewed, investigated and submitted to the Executive Committee appointed by the Enforcement Board. Following the Executive Committee’s ruling as to whether a violation
could be verified, the violator and complainant will be notified as to the determination.
The bolded information (items VII – IX) continues to be the main reason AVRs are rejected by the Executive Committee. Submitting an AVR without photo documentation (an example would be a damage to your utility line. You submit a work order, but don’t include a photo to support the work order or AVR). Even when
a violation occurs, failing to submit the proper documentation, (including photos) ensures the Committee cannot find in your favor because you failed to prove your case.
To make this process work even better, submit the proper documentation. If there are any questions as to what
you should submit or questions about the process itself, you may contact Roger Cox, Executive Secretary at enforcement@msdamageprevention. com or call him at 501-269-1000.
16 • Mississippi 811 2022, Issue 3