DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS  
PUBLIC SERVICE COMMISSION  
MISS DIG UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY  
(By authority conferred on the Michigan public service commission by section 11 of 2013 PA  
174, MCL 460.731(4)), and section 231 of 1965 PA 380, MCL 16.331, and Executive  
Reorganization Order Nos. 1996-2, 2003-1, 2008-4, and 2011-4, MCL 445.2001, MCL  
445.2011, MCL 445.2025, and MCL 445.2030.)  
R 460.11 Definitions.  
Rule 11. (1) As used in these rules:  
(a) “Act” means MISS DIG underground facility damage prevention and safety act, 2013 PA  
174, MCL 460.721 to MCL 460.733.  
(b) “Civil fine” means a fine assessed by and paid to the commission for violations of the act.  
(c) “Complaint” means a correctly completed damage prevention complaint form received by  
the commission not more than 270 days after the occurrence of an alleged violation of the act or  
90 days after discovery of an alleged violation of the act.  
(d) “Hearing” means a trial-like administrative proceeding before a presiding officer that is  
conducted under the commission’s rules of practice and procedure R 792.10401 to R 792.10448.  
(e) “Underground facilities safety education and training” means relevant education as  
determined by the commission as part of the resolution of a complaint.  
(f) “Violation of the act” means a finding of a failure to undertake a duty required by the act.  
(2) A term defined in the act has the same meaning when used in these rules.  
History: 2016 AACS.  
R 460.14 Duties of facility owners, facility operators, and excavators.  
Rule 14. (1) A facility owner or facility operator shall do all of the following:  
(a) Become and remain a member of the notification system as required under section 4(1) of  
the act, MCL 460.724(1).  
(b) Participate in and pay the fees levied by the notification system as required under section  
4(4) of the act, MCL 460.724(4).  
(c) Respond to a ticket by the start date and time of the excavation or blasting as required under  
section 7(1) of the act, MCL 460.727(1).  
(d) Provide notification to the notification system using positive response as required under  
section 7(3) of the act, MCL 460.727(3).  
(e) Mark facilities in accordance with the uniform color code as required under section 7(2) of  
the act, MCL 460.727(2), without charging a fee as required under section 4(3) of the act, MCL  
460.724(3).  
(f) Mark a facility within 24 hours, not including hours on nonbusiness days, of receiving a  
notification from an excavator that previous marks have been covered or destroyed as required  
under section 7(4) of the act, MCL 460.727(4).  
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(g) Provide additional assistance if necessary as required under section 7(5) of the act, MCL  
460.727(5).  
(h) Respond to a damage notice or emergency notice as required under section 7(6) and (7) of  
the act, MCL 460.727(6) and (7).  
(i) Construct new facilities after April 1, 2014 in a manner that allows their detection as  
required under section 7(8) of the act, MCL 460.727(8).  
(2) An excavator shall do all of the following:  
(a) Provide a dig notice to the notification system as required under section 5(1) and (2) of the  
act, MCL 460.725(1) and (2).  
(b) Expose all facilities prior to blasting or excavating as required under section 5(5) of the act,  
MCL 460.725(5).  
(c) Support or brace facilities as required under section 5(6) of the act, MCL 460.725(6).  
(d) Provide notice, immediate additional notice, or emergency notice if necessary as required  
under section 5(7) to (12) of the act, MCL 460.725(7) to (12)  
(e) Take reasonable protective measures in the event of facility damage as required under  
section 5(11) of the act, MCL 460.725(11).  
(f) Provide white lining if necessary in advance of submitting a ticket to a facility owner or  
facility operator as required under section 5(13) of the act, MCL 460.725(13).  
History: 2016 AACS.  
R 460.17 Complaint against person other than governmental agency.  
Rule 17. (1) A person or the commission may initiate a complaint against a person, other than a  
governmental agency, alleging a violation of the act.  
(2) Before filing a complaint, the complainant shall make a good faith attempt to settle the  
dispute with the respondent using any reasonable means of resolution acceptable to the involved  
parties.  
(3) If the dispute is not settled, the complainant may complete and file the electronic complaint  
with the user instructions.  
R 460.20 Initial commission determination of violation by person other than governmental  
agency.  
Rule 20. (1) Upon receipt of a complaint concerning a person, other than a governmental  
agency, the commission shall review the complaint and any attached documentation and shall  
conduct any investigation the commission finds necessary to determine whether a violation of  
the act has occurred.  
(2) If the commission determines that no violation of the act has occurred, the commission  
shall notify the complainant of this finding.  
(3) After review of the complaint and any investigation, if the commission determines that a  
violation of the act has occurred, the commission shall notify the complainant and the respondent  
by first-class mail in a letter of notification of violation.  
(4) The letter of notification of violation shall include a brief statement of the facts, a statement  
of the alleged violation of the act, the section of the law that was allegedly violated, any  
proposed civil fine, and the due date for the payment of the fine. A civil fine shall not exceed  
$5,000.00 per violation.  
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(5) The commission may also propose that the person who violated the act receive  
underground facilities safety education and training to ensure future compliance with the act.  
(6) In cases where a person has committed a first offense that does not involve injury, death, or  
significant property damage, and where the person admits responsibility without requesting a  
hearing, the maximum civil fine to be assessed shall not exceed $500.00.  
(7) At any time during the initial determination process, the commission and respondent may  
enter into an agreement on an appropriate resolution of the matter.  
History: 2016 AACS.  
R 460.24 Hearing procedures for complaint against person other than governmental  
agency.  
Rule 24. (1) If the respondent disagrees with the commission’s determination that a violation of  
the act occurred or disagrees with the proposed fine or recommended underground facilities  
safety education and training, the respondent may file an answer, affirmative defenses, or  
counterclaims to the complaint and may request a hearing. Responsive pleadings shall be filed  
pursuant to R 792.10443.  
(2) The commission staff shall schedule a hearing before a presiding officer and the hearing  
shall be conducted pursuant to R 792. 10401 to R 792.10448.  
(3) If after a hearing the commission determines that a violation of the act occurred, the  
commission may order the responsible party to pay a civil fine and may order the responsible  
party to undertake underground facilities safety education and training to ensure future  
compliance with the act. The civil fine shall not exceed $5,000.00 pursuant to section 11(2) of  
the act, MCL 460.731(2).  
(4) Upon payment of the fine and completion of any mandatory underground facilities safety  
education and training, the complaint shall be closed.  
History: 2016 AACS.  
R 460.28 Complaint against governmental agency by facility owner or operator.  
Rule 28. (1) Before filing a complaint, a facility owner or operator shall make a good faith  
attempt to settle any dispute with the governmental agency that allegedly violated the act using  
any reasonable means of resolution acceptable to the parties.  
(2) If the dispute cannot be settled, a facility owner or facility operator may initiate a complaint  
by completing and filing the electronic complaint form in compliance with the user instructions  
(3) A facility owner or facility operator filing a complaint against a governmental agency may  
seek a civil fine and, if applicable, damages from a governmental agency for a violation of the  
act.  
History: 2016 AACS.  
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R 460.32 Commission determination; hearing for complaint against governmental agency.  
Rule 32. (1) Upon receipt of a complaint from a facility owner or facility operator against a  
governmental agency, the commission shall review the complaint and any attached  
documentation to determine whether a violation of the act has occurred.  
(2) If, after review of the complaint and any investigation, the commission determines that no  
violation of the act has occurred, the commission shall notify the complainant of this finding.  
(3) If the commission determines that a violation of the act has occurred, the commission shall  
notify the complainant and the governmental agency by first-class mail in a letter of notification  
of violation. The commission shall schedule a hearing before a presiding officer, which shall be  
conducted pursuant to R 792.10401 to R 792.10448.  
(4) The presiding officer assigned to the matter may direct the parties to attempt settlement of  
the damages portion of the claim through nonbinding mediation or other form of alternative  
dispute resolution. Costs of alternative dispute resolution shall be borne by the parties.  
(5) After an administrative hearing is completed, the commission may order a governmental  
agency to pay actual damages and a civil fine in accordance with section 12(3) of the act, MCL  
460.732(3).  
History: 2016 AACS.  
R 460.40 Collection of damage information and availability of records.  
Rule 40. Facility owners, facility operators, or excavators shall provide damage information to  
the commission upon commission request to fulfill the damage reporting requirements under  
Section 11 (6) of the act, MCL 460.731(6). Proprietary or commercially sensitive information  
may be filed under protective order pursuant to procedures set forth under MCR 2.302(C).  
History: 2016 AACS.  
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