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Current as of January 01, 2025 | Updated by Findlaw Staff
(1) The rail ombudsman shall:
(a) develop and maintain expertise in and understanding of laws and regulations relating to rail;
(b) coordinate, consult, and provide information to private citizens, government entities, rail operators, stakeholders, and other interested parties about rail related issues;
(c) on the rail ombudsman's website, provide:
(i) updated, easily accessible information about the duties of the rail ombudsman; and
(ii) a form that a member of the public, including a railroad company employee, may use to submit a report or complaint;
(d) provide education and training regarding rail laws and regulations; and
(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):
(i) a local government entity;
(ii) a large public transit district; or
(iii) a private property or livestock owner.
(2) The rail ombudsman shall facilitate meetings described in Subsection (1)(e) to resolve issues relating to:
(a) safety;
(b) at-grade and grade-separated rail crossings;
(c) fencing;
(d) injury to or loss of livestock;
(e) railroad maintenance, including maintenance agreements and road closures;
(f) improvements to railroad right-of-way infrastructure;
(g) track realignment;
(h) track consolidation; or
(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:
(a) attend the meeting; and
(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:
(a) closing a highway for railroad maintenance; or
(b) starting a construction project involving:
(i) an at-grade rail crossing; or
(ii) the realignment or consolidation of railroad tracks.
(5) The rail ombudsman may not address nor participate in:
(a) organized labor issues or disputes; or
(b) rail company employee safety issues.
Cite this article: FindLaw.com - Utah Code Title 72. Transportation Code § 72-18-102. Rail ombudsman--Duties - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-72-transportation-code/ut-code-sect-72-18-102/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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