Utah Admin. Code R930-8-10 - Issuance of Administrative Order; Enforcement
(1) If 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
Subsection
72-6-116(2)(b) to
the Utility to accommodate the department project. The administrative order
shall be issued by the department's Statewide Utilities Manager and will
include a reasonable timeframe for Utility Company actions to 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 whom the Utility has no control over, the department may issue an
administrative order to remedy non-compliance. The department may order any the
following remedies:
(a) Recovery from the
Utility for increased costs to the department caused by the Utility's
unreasonable or unjustified delays. Such actual and indirect costs may include
increased costs on the current department project or related projects, added
expenses from loss of a construction season, and loss of project
funding.
(b) Denial of further
permits for utility installation under Rule R930-7 until the Utility's
non-compliance is resolved.
(c)
Performing design work and construction work on behalf of the Utility for those
utility facilities located within the right-of-way, except for fiber for
telecommunications, electricity, and natural gas. The department will only
perform such work if the work can be performed without violating any state or
federal statute, regulation, or safety requirement. The Utility shall reimburse
the department for the costs the department incurs to relocate the Utility's
facilities, in amounts allowed by Subsection
72-6-116(3).
(3) The department may also pursue
additional remedies or claims against a Utility in a district court in
Utah.
(4) The department may not
limit or waive any of its remedies or claims allowed in this rule or
law.
(5) The department may require
a Utility toF 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.
Notes
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