Current through the 2024 Fourth Special Session
Section 72-18-102 - Rail ombudsman - Duties(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: (b) at-grade and grade-separated rail crossings;(d) injury to or loss of livestock;(e) railroad maintenance, including maintenance agreements and road closures;(f) improvements to railroad right-of-way infrastructure;(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.Added by Chapter 531, 2024 General Session ,§ 17, eff. 3/21/2024.