Section 105IAC13-3-6. Responsibilities

   (a) The utility, contractor, and department shall perform the duties imposed by the approved work plan, contract, and this article within the time frames specified.

  (b) Factors that shall excuse a utility from meeting the schedule in its approved work plan include the following:

(1) The facility relocation was impacted by any of the following:

(A) Significantly differing site conditions.

(B) Unexpected impacts of other utilities.

(C) Other unforeseen circumstances that could not have been reasonably anticipated through due diligence.

(D) A force majeure event.

(2) Occurrence of severe weather or other factors beyond the control of the utility directly affecting the approved work plan.

(3) The final project plans differ substantially from the plans provided to the utility under section 3(b) of this rule.

(4) If a facility is discovered during the process required by IC 8-1-26, has not been previously identified as being within the improvement project limits, and the utility can show the following:

(A) The facility was installed after the date the department identified the affected facilities under section 1(b) of this rule.

(B) A proper permit was obtained for the installation of the facility from the department.

  (c) If an approved work plan requires adjustment due to the occurrence of one (1) or more factors enumerated in subsection (b), the department and the utility shall proceed as directed in section 5(b) of this rule. (Indiana Department of Transportation; 105 IAC 13-3-6; filed Apr 14, 2008, 10:23 a.m.: 20080514-IR-105070494FRA; readopted filed Oct 2, 2013, 11:39 a.m.: 20131030-IR-105130295RFA)

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