(a) If the director of the department of transportation deems any repaving or repair
of a state road insufficient, defective, noncompliant, or incomplete and requests
repairs, it will be the responsibility of the public utility or utility facility to
complete the repairs to the satisfaction of the director of the department of transportation
within thirty (30) days of being notified.
(b) If the public utility or utility facility fails to complete the repairs, the department
of transportation will initiate the repairs through the performance bond claim process
and/or recovering the amount required for the repairs from the public utility or utility
(c) If any payment determined to be due from any public utility or utility facility
for reparation, reconstruction, or repaving shall not be paid to the state within
one year from the date of the determination, the state shall be entitled to recover
the amount due in an action of debt, together with interest from six (6) months from
the date of determination at the rate of ten percent (10%) per annum.
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