Any misrepresentation of either an emergency excavation or an impending

Any misrepresentation of either an emergency excavation or an impending emergency as defined in Miss. Code Ann. § 77-13-3, shall constitute a violation of the law subject to enforcement by the Executive Committee. In determining whether a false emergency violation has occurred, the Executive Committee may consider the following: (1) The contents of the locate ticket which gave rise to the allegation of false emergency. (2) In the case of an emergency excavation, the amount of time elapsed between Respondent’s emergency excavation notification to Mississippi 811 and the excavation by Respondent. In the case of an impending emergency, the amount of time elapsed between the noticed time of excavation included in the impending emergency locate ticket and the excavation by Respondent. (3) The frequency with which Respondent requests emergency excavation and impending emergency locate tickets. (4) Any applicable evidence provided by the Respondent and/or Complainant.