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A permittee, in defending any action on behalf of the local government unit, is entitled to assert every defense or immunity that the local government unit could assert in its own behalf. Subp. 5.Local government unit's authorization to proceed.A local government unit's authorization to proceed with excavation or obstruction in the right-of-way pursuant to notice under part 7819.1200 is deemed a permit for the purpose of this part. Statutory Authority: MS s 237.163 History: 23 SR 2004 Published Electronically:November 14, 2003 7819.1300 COMPLETION CERTIFICATE. Subpart 1.Requirement.If required by the local government unit as part of its permit process, a person designated by the right-of-way user as a responsible employee shall sign a completion certificate showing the completion date for the work performed, identifying the installer and designer of record, and certifying that work was completed according to the requirements of the local government unit. Subp. 2."As built" drawings.If required by the local government unit as part of its permit process and if necessary due to changes from the work as projected when the permit was applied for, the permittee shall submit "as built" drawings or maps within six months of completing the work, showing any deviations from the plan that are greater than plus or minus two feet. Subp. 3.Response.The local government unit shall respond within 30 days of receipt of the completion certificate. Failure to approve or disapprove the permittee's performance within 30 days is deemed to be approval by the local government unit. Subp. 4.Obligation.Construction triggers an obligation of the right-of-way user that the right-of-way restoration be completed according to the conditions in part 7819.1100. The right-of-way user also assumes responsibility for "as built" drawings and for repairing facilities or structures, including right-of-way that was damaged during facility installation. The obligation is limited to one year for plantings and turf establishment. Statutory Authority: MS s 237.163 History: 23 SR 2004 Published Electronically:November 14, 2003 7819.3000 CONSTRUCTION PERFORMANCE BOND. Subpart 1.Authority to require performance bond.At the time of application for an excavation permit, the local government unit may require a right-of-way user who elects to restore the right-of-way to post a construction performance bond, as defined in part 7819.0100, subpart 6. A local government unit does not need to provide a construction performance bond to ensure the restoration of streets following its own excavation. Official Publication of the State of Minnesota Revisor of Statutes 8MINNESOTA RULES7819.1250