Utah Administrative Code
Topic - Transportation
Title R930 - Preconstruction
Rule R930-8 - Utility Relocations Required by Highway Projects
Section R930-8-10 - Issuance of Administrative Order; Enforcement
Current through Bulletin 2024-06, March 15, 2024
(1) In the event that a Utility fails to timely coordinate and cooperate with the Department at any point in the utility relocation process, the Department may issue an administrative order pursuant to Utah Code Section 72-6-116(2)(b) to the Utility to accommodate the highway project. The administrative order shall be issued by the Department's Statewide Railroad and Utilities Director and will include a reasonable timeframe for Utility Company actions to be complete the relocation of the utility facilities, including any design.
(2) If the Utility fails to comply with the Department's administrative order, and the failure to comply is not caused by a third party who the Utility has no control over, the Department may issue an administrative order to remedy non-compliance. The Department may order any or all the following remedies:
(3) In addition, the Department may pursue additional remedies or claims against a Utility in a district court in Utah.
(4) The Department shall not limit or waive any of its remedies or claims allowed in this rule or law.
(5) The Department may require a Utility to comply with a practicable shortened process or expedited schedule when an emergency exists that could affect public safety or the structural or functional integrity of the highway.