Utah Code 72-18-102. Rail ombudsman — Duties
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(1) The rail ombudsman shall:
Terms Used In Utah Code 72-18-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Construction: means the construction, reconstruction, replacement, and improvement of the highways, including the acquisition of rights-of-way and material sites. See Utah Code 72-1-102
- Highway: means any public road, street, alley, lane, court, place, viaduct, tunnel, culvert, bridge, or structure laid out or erected for public use, or dedicated or abandoned to the public, or made public in an action for the partition of real property, including the entire area within the right-of-way. See Utah Code 72-1-102
- Large public transit district: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
- Person: means :(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Public transit: means the same as that term is defined in Section 17B-2a-802. See Utah Code 72-1-102
- Right-of-way: means real property or an interest in real property, usually in a strip, acquired for or devoted to state transportation purposes. See Utah Code 72-1-102
- Road: includes :
(33)(a) a public bridge;(33)(b) a county way;(33)(c) a county road;(33)(d) a common road; and(33)(e) a state road. See Utah Code 68-3-12.5(1)(a) develop and maintain expertise in and understanding of laws and regulations relating to rail;(1)(b) coordinate, consult, and provide information to private citizens, government entities, rail operators, stakeholders, and other interested parties about rail related issues;(1)(c) on the rail ombudsman’s website, provide:(1)(c)(i) updated, easily accessible information about the duties of the rail ombudsman; and(1)(c)(ii) a form that a member of the public, including a railroad company employee, may use to submit a report or complaint;(1)(d) provide education and training regarding rail laws and regulations; and(1)(e) arrange and facilitate meetings between a rail company and one or more of the following, to resolve a rail dispute described in Subsection (2):(1)(e)(i) a local government entity;(1)(e)(ii) a large public transit district; or(1)(e)(iii) a private property or livestock owner.(2) The rail ombudsman shall facilitate meetings described in Subsection (1)(e) to resolve issues relating to:(2)(a) safety;(2)(b) at-grade and grade-separated rail crossings;(2)(c) fencing;(2)(d) injury to or loss of livestock;(2)(e) railroad maintenance, including maintenance agreements and road closures;(2)(f) improvements to railroad right-of-way infrastructure;(2)(g) track realignment;(2)(h) track consolidation; or(2)(i) any other issue that has caused a dispute between a rail company and a party described in Subsection (1)(e).(3) If the rail ombudsman invites a rail company or another party described in Subsection (1)(e) to a meeting to resolve a rail dispute, the rail company or other person shall:(3)(a) attend the meeting; and(3)(b) attempt to resolve the dispute through the rail ombudsman before filing an action in court or seeking another remedy.(4) A rail company and a party described in Subsections (1)(e)(i) through (iii) shall provide notice to the rail ombudsman before:(4)(a) closing a highway for railroad maintenance; or(4)(b) starting a construction project involving:(4)(b)(i) an at-grade rail crossing; or(4)(b)(ii) the realignment or consolidation of railroad tracks.(5) The rail ombudsman may not address nor participate in:(5)(a) organized labor issues or disputes; or(5)(b) rail company employee safety issues.