§ 39-2.2-5. Recovery for failure to repair state road. (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 facility.
(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.
History of Section. (P.L. 2019, ch. 170, § 1; P.L. 2019, ch. 234, § 1.)
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