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Utah Code § 72-18-102

Rail ombudsman -- Duties

Amended by Chapter 462, 2025 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.