72-18 - Rail Ombudsman

Title 72 > 72-18

Sections (2)

Creation and Duties

72-18-101 - Rail ombudsman.

(1) There is created the position of rail ombudsman in the rail division of the department.

(2) The executive director of the department shall appoint the rail ombudsman.

Enacted by Chapter 531, 2024 General Session

72-18-102 - Rail ombudsman — Duties.

(1) The rail ombudsman shall:develop and maintain expertise in and understanding of laws and regulations relating to rail;coordinate, consult, and provide information to private citizens, government entities, rail operators, stakeholders, and other interested parties about rail related issues;on the rail ombudsman’s website, provide:updated, easily accessible information about the duties of the rail ombudsman; anda form that a member of the public, including a railroad company employee, may use to submit a report or complaint;provide education and training regarding rail laws and regulations; andarrange and facilitate meetings between a rail company and one or more of the following, to resolve a rail dispute described in Subsection (2):a local government entity;a large public transit district; ora private property or livestock owner.

(2) The rail ombudsman shall facilitate meetings described in Subsection (1)(e) to resolve issues relating to:safety;at-grade and grade-separated rail crossings;fencing;injury to or loss of livestock;railroad maintenance, including maintenance agreements and road closures;improvements to railroad right-of-way infrastructure;track realignment;track consolidation; orany 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:attend the meeting; andattempt 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:closing a highway for railroad maintenance; orstarting a construction project involving:an at-grade rail crossing; orthe realignment or consolidation of railroad tracks.

(5) The rail ombudsman may not address nor participate in:organized labor issues or disputes; orrail 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