RSA 374:55 Civil Penalty.

I. Proof that an excavation has been made without compliance with the notice requirement of RSA 374:51 and that damage to an underground facility has occurred shall be prima facie evidence in any court or administrative proceeding that the damage was caused by the negligence of the excavator.
II. Any excavator who does not give notice of or identify the proposed excavation area as required by RSA 374:51 or rules of the department regarding tolerance zones and marking procedures shall be subject to the penalties in paragraph VIII, in addition to any liability for the actual damages.
III. Any operator which does not mark the location of its underground facilities as required by RSA 374:53 or rules of the department regarding tolerance zones and marking procedures shall be