72-18-102. Rail ombudsman -- Duties.

395 words·~2 min read·/ut/title-72/chapter-18/72-18-102

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Effective 5/7/2025

(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.

(6)If a report or complaint described in Subsection (1)(c)(ii) is made in regard to a rail company, the rail ombudsman shall forward the report or complaint to the relevant rail company or other appropriate agency or entity.

Amended by Chapter 462 , 2025 General Session